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How Many People Died In Car Accidents Every Year In The U.S.?

How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

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How Many People Died In Car Accidents Every Year In The U.S.?

By  Dan McCrary | April 12, 2024

Do you know that approximately 1.19 million people die every year worldwide as a result of car crashes? With an additional 20 to 50 million people suffering injuries, these accidents leave families shattered and in mourning.

If you don’t want this to happen to you or your loved ones, stay with us until the end of this guide. In this blog, we’ll discuss the number of people who die in car accidents every year in the U.S. and the main causes.

You’ll also get the answer to how you can protect yourself from deadly accidents. So scroll down the page, and keep reading to know the shocking facts!

How Many Car Deaths In The U.S. Each Year?

The death toll from car accidents in the United States is alarming. According to a report, in the first six months of 2023, approximately 19,515 people died in car accidents. This figure represents the latest data and is notably higher than the numbers for the previous five years.

In 2017, approximately 40,000 accidents were recorded, marking the highest figure in the past half-decade. Before 2017, the annual death toll ranged from 35,000 to 40,000, but there has been a rapid increase since then.

In 2020, the number of deaths due to car accidents surpassed 42,000, followed by 46,000 in 2021. The government is also concerned about the deaths and is making new policies for drivers’ safety.

The government has adopted Resolution A/RES/74/299 in the United Nations General Assembly. This resolution’s main purpose is to create road safety policies to reduce the number of deaths by 2030.

4 Main Causes of Car Accidents In The USA

Below are the main causes of car accidents in the USA. Reading about these causes can help you avoid making similar mistakes and protect yourself from potentially fatal accidents.

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  • Overspeeding: Overspeeding is one of the main causes of deadly accidents in the USA. According to the data, about 12,000 people died in car accidents related to overspeeding in 2022.
  • Drunk Driving: Getting drunk or drugged also increases the chances of road accidents. Despite strict rules and regulations, every day, about 37 people die in car accidents due to drinking and drugs.
  • Bad Weather: Weather conditions have a serious impact on driving safety. Heavy rain, snow, and slippery roads increase the chances of losing vehicle control, raising the risk of accidents.
  • Not Following Traffic Rules: Another common reason behind road car accidents is the disregard for traffic rules among teenagers. They don’t follow speed limit rules, turning guidelines, and other traffic regulations, which lead to dangerous accidents.

Who Is At The Highest Risk To Die In Vehicular Accidents?

On average, the risk of dying in a car accident is 1 out of 93. According to statistics, men make up a larger portion of fatalities compared to women. This is primarily because men tend to drive more miles. As a result, they experience three times more accidents.

Apart from gender, certain age groups face higher risks of accidents. Teenagers and individuals who work aged 18 to 59 are particularly vulnerable to accidents. Older people are also at risk of car accidents.

According to the report, the possibility of an older person dying in an accident is 20.7% to 22.7%, as they have a higher risk of chest injuries, which can be extremely dangerous. At the same time, the chances of teenagers dying from an accident are only 10.8% to 12.0%.

How Do I Protect Myself From Accidents? 7 Effective Tips

Here are tips to protect yourself from car accidents on the road. Follow all of these tips to ensure a safe journey.

  • Follow Driving Rules: The best way to protect yourself is to follow the driving guidelines. Most accidents occur when drivers ignore rules like running red lights, using mobile phones, or neglecting seat belts.
  • Take Care of Kids: Never allow children to sit in the front seat. Invest in a child seat for toddlers and place it securely in the back.
  • Strap on Your Seat Belt: Regardless of the trip’s length, always buckle up. It’s your best defense against serious injuries in case of a crash.
  • Keep Your Car Maintained: Regular car maintenance is crucial. Overlooking this aspect increases the chances of mechanical failures leading to accidents.
  • Extra careful while Night Driving: Drive extra cautiously when it’s dark. It’s harder to see at night, which makes accidents more likely.
  • Drive Defensively: Anticipate the actions of other drivers and be prepared to react to unexpected situations to avoid accidents.
  • Stay Sober: Never drive under the influence of alcohol or drugs. Impaired driving increases the likelihood of accidents.

Final Words

The number of deaths that happen every year due to accidents is around 40,000. The accidents occur for many reasons, with the most common being driving under the influence of alcohol, failing to follow traffic rules, and neglecting safety precautions.

You can easily avoid these dangerous accidents by following the rules and paying high attention while driving. Remember, safety should always be your top priority on the road. Contact our car accident lawyers for legal assistance if you need more guidance.

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    Personal Injury Blogs

    Can I Sue If I’m Injured On Someone Else’s Property? [Your Rights and Options]

    How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

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    Can I Sue If I’m Injured On Someone Else’s Property? [Your Rights and Options]

    By  Dan McCrary | April 9, 2024

    Getting injured on someone else’s property can be a distressing experience, especially if it involves injuries. However, what many may not know is that legal action (Premise liability claim) can be taken if an injury occurs on someone’s property due to the homeowner’s negligence.

    Premise liability cases for situations where the homeowner is responsible for the injury. These cases can be filed against both residential and commercial properties. However, the strength of such cases can vary based on certain factors.

    For your help, we’ll answer the following: Can I sue if I’m injured on someone else’s property? We’ll also explain what a Premises Liability case involves and discuss the factors that can influence the outcome of such cases. So, let’s dive in! 

    What Happens If I Fall On Someone’s Property?

    If you fall on someone’s property and get injured, you can file a legal claim against the homeowner. However, several factors need consideration, such as why you were on someone’s property and whether you were the invitee, trespasser, or licensee. 

    Both invitees and licensees typically have stronger grounds for a legal claim than trespassers, who enter a property without permission. It’s important to note that public spaces such as malls or parks don’t fall under trespassing.

    Since these spaces are open to the public, injuries sustained there can still be valid for a premise liability claim. Just keep in mind that it’s crucial to stick to the rules of public places, such as respecting closing times for parks and malls.

    A person can’t file a claim if they enter a public or private place after opening hours, knowing the danger and getting injured. So, if you’re also considering filing a claim, make sure to consider the scenario of the case to determine the validity of a premise liability claim.

    What To Consider Before Filing A Premise Liability Claim?

    Here are the essential factors to consider before filing a premise injury claim. Understanding these points will help you decide whether your claim is valid, saving you time and effort. Let’s address them one by one.

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    1. Reason You Were On The Property

    One of the most important factors to consider before filing the premise liability claim is why you were on the property. It decides whether the homeowner is responsible for safety or not. The presence of a person on someone else’s property is divided into three categories. 

    • Invitee: This refers to a person invited by the homeowner for a lawful purpose, such as consulting on construction work at the home.
    • Licensee: These are individuals who are on someone’s property for their own reasons but with the owner’s permission. For instance, friends are allowed to use the yard for a BBQ party.
    • Trespasser: Trespassers are individuals who were neither invited by the homeowner nor have permission to enter the home. 

    As you can see, the difference is that the invitee and licensee are individuals who have permission to enter the home. In such cases, it is the homeowner’s responsibility to provide a safe environment to prevent accidents.

    If the homeowner fails to provide a safe environment to an invitee or licensee and an accident occurs, they are held accountable. On the other hand, trespassers who are not invited by the homeowner typically can’t hold the owner responsible for safety. 

    2. Business Vs. Residential Property

    Another crucial consideration for premise liability claims is the type of property where the accident occurred. A business property should prioritize security at a high level as it accommodates numerous people.

    Residential property owners also bear the responsibility of providing a safe environment for invited individuals. However, residential homeowners can’t be accountable for maintaining the same higher standard of security as business owners. 

    3. Identifying Responsibility

    Experiencing an accident on someone else’s property doesn’t automatically make them accountable. An important factor to consider is who was at fault and whose negligence caused the accident.

    For example, if you attend a party at someone’s home and decide to swim in the pool despite knowing you’re not a proficient swimmer and get injured, the homeowner may not be at fault. In this case, the homeowner could use your lack of swimming abilities against you.

    What Damages Can You Recover With Premise Injury Claim?

    The compensation you can recover in a premise injury claim depends on the severity of the injury. If the injury is severe and prevents you from working, you’ll receive compensation for medical expenses, loss of income, and your pain and suffering.

    Minor injuries on someone else’s property that don’t require hospitalization or hinder daily activities won’t result in significant compensation. Here’s the detailed list of damages that can be recovered:

    • Medical expenses
    • Loss of wages
    • Loss of future earning capability
    • Pain and suffering
    • Property damage

    Final Words

    The simple answer is: Can I sue if I’m injured on someone else's property? Yes, it's possible. These types of claims are known as Premises Liability claims, but proving such a claim requires careful consideration of different factors.

    For instance, factors such as the reason for being on the property, whether residential or business and who was at fault for the accident play crucial roles. Courts and insurance providers also take these factors into account when determining the validity of a claim.

    Hence, it's essential to thoroughly consider the points mentioned above before deciding to file a claim, ensuring that the homeowner is indeed responsible. You can also consult your case with our lawyers to get valuable insight into whether your case has a strong legal basis.

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      Does Car Insurance Go Up If You’re Not At Fault For An Accident?

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      Does Car Insurance Go Up If You’re Not At Fault For An Accident?

      By  Dan McCrary | April 5, 2024

      Will my car insurance go up if I’m not at fault for an accident? Yes, it’s a possibility. How much it will go up depends on many factors, such as the model of your car, the accident that happened, its overall damage cost, etc.

      Insurance companies do this to save money and minimize risk. Regardless of fault, what matters to them is how likely you are to end up in another accident. The worse your driving history, the higher the chances of accidents; thus, the price will increase.

      Below, we’ll explain the factors that affect insurance prices and how much, on average, the price can go up. We’ll also answer how you can prevent insurance prices from going up. So, let’s get started!

      Does Insurance Go Up If It’s Not Your Fault?

      Yes, insurance goes up even if it’s not your fault in many cases. It’s a higher possibility, especially in cases where the accident was serious and you also have a bad driving history, such as many other minor accidents, traffic violations, etc.

      The scenario mentioned above can label an individual as a “risky” driver who is more likely to cause another accident in the future. The insurer’s increased risk perception often results in higher premiums.

      How Much Does Insurance Go Up After An Accident?

      How much insurance premiums go up after an accident depends on the accident, the driver’s overall driving history, and the insurance company. Some companies have higher premiums after an at-fault accident than others.

      For instance, some insurers may raise premiums by up to 20% or even 40%, depending on their risk analysis. The greater the perceived risk associated with insuring a driver, the more the insurance company will charge.

      However, it’s important to remember the insurance premium won’t be high for the rest of your life. If you maintain a claim-free record and avoid traffic violations for a few years following the accident, your insurance premium will return to normal.

      5 Factors That Affect The Insurance Premium

      Let’s find out how the insurance company does the “risk analysis,” what factors it considers, and how they affect the insurance premium.

      1. The Vehicle

      Your vehicle’s model number and age are important factors for risk analysis. If you own a luxury vehicle with the latest technology, the insurance company would have to pay more to compensate for damages in case of an accident.

      Due to the higher compensation required, insurance companies usually charge more to insure such vehicles. At the same time, a not-so-expensive model car without the latest technology can be insured for a lesser amount.

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      2. Driving History

      A driver’s driving history plays a significant role in determining the insurance premium. Individuals with a clean record, with few to almost no accidents or traffic violations, are considered “safe” drivers by insurance companies.

      Such a record assures insurers that the driver hasn’t been involved in any legal issues and drives safely. This assurance is crucial for insurance companies since they are the ones who will be paying for damages in case of an accident.

      3. Location & Age

      The location and the driver’s age are also important factors. Due to their age and lack of experience, teenagers and older drivers (aged 70 or more) are considered more likely to encounter accidents because of slower reaction times.

      Besides age, where you live and drive matter a lot. Living in a city means countless vehicles on the road, increasing the chances of accidents compared to a small town. Both of these points often lead to higher insurance premiums.

      4. Marital Status

      As stated, car insurance premiums are based on how “risky” a driver is to insure. If the driver is prone to accidents, traffic violations, or speeding, it indicates that they may not be responsible enough, resulting in higher premiums.

      Insurance companies often consider the driver’s marital status to determine their responsibility. It’s believed that married drivers tend to drive more carefully than young drivers. However, it’s worth noting that this factor isn’t considered in two states: Massachusetts and Michigan.

      5. Credit Score & Coverage

      Your credit score holds weight in many states when determining your insurance premium. A good credit score often results in lower premiums, while a poor one might result in higher costs.

      Moreover, the coverage you select directly affects your insurance premiums. If you choose more extensive insurance coverage, you’ll have to pay higher premiums, offering greater protection in an accident.

      Can I Prevent My Insurance Rates From Going Up After An Accident?

      Technically, there’s no way to prevent insurance rates from increasing after an accident if that’s your fault. Almost every insurance company increases the cost, so they might ask for similar premiums even if you consider another insurance provider.

      However, many insurance policies offer “accident forgiveness” to drivers with a good record. The main benefit of an accident forgiveness policy is that it ensures that the driver’s insurance cost won’t increase due to the accident for the first time.

      Final Words

      In short, yes, car insurance goes up whether you’re at fault or not. This is because almost all insurance companies decide premiums based on factors such as driving history, location, age, and more, not solely on fault.

      A driver considered risky to insure will have a higher insurance premium after an accident. However, if your policy includes “accident forgiveness,” you may be spared from an increase for the first accident.

      If you encounter car insurance issues, consider contacting the experienced lawyers at McCrary Law Firm. Our lawyers can guide the process and help you claim compensation for the car accident if it’s not your fault.

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        Personal Injury Blogs

        5 Ways To Manage Medical Bills Following A Personal Injury 

        How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

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        5 Ways To Manage Medical Bills Following A Personal Injury 

        By  Dan McCrary | March 30, 2024

        Hospital bills can be overwhelming, especially in cases of injury and when hospitalization is required. But don’t worry, because as legal experts, we’ll explain how to deal with medical bills after a personal injury case. 

        When your injury is caused by someone else’s in an at-fault state, you have the option to seek compensation through a personal injury claim. However, it’s a time-consuming process, and compensation will not be granted until you prove the claim. 

        Alternatively, in no-fault states, your medical bills may be covered by your insurance provider rather than the at-fault party. We’ll break down these options for you below, so keep reading to find the answers you need!

        Who’ll Pay For The Medical Bills In Personal Injury Case?

        There are two things to keep in mind when considering who’ll pay for the medical bills in personal injury cases: fault or no-fault state laws. You’ve got to find out which law works in your state. 

        If your state is a no-fault state, then the parties who are injured can file for compensation from their insurance company. Then, the insurance company will pay the medical bills and the loss, not the person who caused the accident. 

        Currently, there are only twelve no-fault states in the USA, and if you don’t live there, the rule of at-fault will be applicable. In this scenario, the person who caused the accident will pay for your personal injury, medical bills and overall loss.

        However, you must file a personal injury claim first to prove that the other party is responsible for your injury. This entire process usually takes up to 12 months, which means you’ve to pay for your medical bills yourself, and then after some time, you’ll get the compensation.

        5 Ways To Deal with Medical Bills After A Personal Injury

        Since California is an at-fault state, you must pay for your medical expenses yourself; the steps you can take to do this are below. So, let’s get into the details! 

        1. Health Insurance 

        The first option to deal with medical bills after a personal injury is to use health insurance. Keep in mind that health insurance is mandatory by law in most states, including California. People who don’t have health insurance have to pay the penalty. 

        Therefore, if you live in California, the chances are you must have health insurance. In this case, you need to contact the insurance company, and they’ll pay your medical bills for your injury case.

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        2. Payment Plan 

        The next option you’ve is to ask for a payment plan. It simply means that you can’t afford lump sum payments of medical bills and want to pay in installments. This is the best way as you can make monthly payments over a set period.

        However, it’s important to note that not all hospitals offer this, and the ones that offer might have high interest rates. So be sure to check the terms on the payment plan agreement, as well as the interest rate. If you find the terms unfavorable, don’t hesitate to negotiate.

        3. Medicaid 

        Like many other states, California offers a Medicaid program to help residents who struggle with medical bills. Remember, not everyone qualifies for the program, because the government has established specific criteria for eligibility. Here are the key points:

        • Income Criteria: The yearly income of the household must fall below the following amount:
          • $19,392 for one people 
          • $26,228 for two people 
          • $33,064 for three people 
          • $39,900 for four people
          • $46,737 for five people 
          • $53,573 for six people
          • $60,409 for seven people
          • $67,245 for eight people 
        • General Criteria: You can read about the general criteria below, these are the people who are eligible for Medicaid program: 
          • Older people age 65 or old
          • Pregnant women 
          • A person who’s disabled or has a family member with a disability 
          • Someone responsible for 21 years old or younger child

        4. Getting Some Help 

        In case you don’t have an insurance plan, can’t pay the installments, or are also not eligible for Medicaid, the only thing left is the help from family or friends. 

        You can contact your family members or friends and ask for help paying the bills. 

        5. Paying Bills With A Loan 

        The last option to deal with medical bills for personal injury cases is getting medical loans. However, these loans come with high interest rates.

        So carefully review the terms and conditions to ensure they are the right choice for you.

        Final Words

        Since you now have the option to pay the medical bills after a personal injury, don't overlook the importance of filing a personal injury claim. This can cover your installment payments or repay the loan if the case concludes favorably in the coming months.

        In short, the sooner you hire a lawyer for the case, the better. You can schedule a complimentary consultation with McCrary law firm's personal injury lawyer. We do not charge for initial consultations, so don't hesitate to reach out.

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          Personal Injury Blogs

          A Guide To Getting Compensation For Lost Wages [Personal Injury Case]

          How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

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          A Guide To Getting Compensation For Lost Wages [Personal Injury Case]

          By  Dan McCrary | March 2, 2024

          Yes, you can get compensation for the loss of wages in a Personal injury case, but it’s crucial to have a solid foundation for your claim. You must be knowledgeable about what type of financial loss (loss of wages) can be included. 

          You also have to calculate the amount you’ve lost in wages during the period of your injury. Then, it’s also important to gather strong evidence that shows your financial loss to support your personal injury claim. Seems difficult, right? 

          Fortunately, you don’t have to worry about the topics mentioned above. We’re here to address questions such as whether you can get compensation for lost wages in personal injury cases, how much time it will take, and how to calculate the loss accurately.

          What Are Lost Wages In A Personal Injury Case?

          When we talk about the loss of wages in a personal injury case, it means the financial loss you’ve suffered, the amount you could’ve earned but failed to earn all because of injury. Below, you can read a more detailed explanation of it: 

          • Regular Salary: The primary consideration for calculating lost wages should be your regular salary. This means the days or hours you were unable to work due to your injury, resulting in missed opportunities for earning.
          • Salary Raise or Promotion: If you’re absent from work due to hospitalization or severe injuries, it could impact your chances of getting a salary raise or promotion. If this happens to you, you can factor it into your lost wages.
          • Bonus or Commissions: Any bonuses or commissions that you could have earned like your co-workers but couldn’t because of the injury can also be included in a lost wages claim.
          • Overtime or Sick Days: Always include the overtime hours you’ve missed and the financial loss you’ve suffered, including the sick days that could be used for spending time with your family.  
          • Vacation Days and Perks: Don’t overlook the vacation and perks you’ve missed due to your injury. Be sure to request compensation for both points to ensure you receive fair compensation. 

          How Do You Calculate Loss of Wages In Personal Injury?

          Calculating the loss of wages for personal injury cases isn’t tricky, but you’ve to select what you want to include. Once you choose what you’ll include, like salary loss, overtime loss, bonus, and so forth, you can calculate the loss following the ways mentioned below. 

          Calculate The Loss For Salaried Employee

          Figure out your yearly salary and the days you’re supposed to work in a year. To get the estimate of daily income, divide your annual salary by the number of working days. Then, multiply your daily wage by the days you were absent from work.

          Here’s an example: 

          Annual salary: $50,000 

          Number of working days in a year: 250

          Total days you’ve missed at work due to injury: 10 days 

          $50,000 (yearly income) / 250 (working days) = $200 per day salary 

          $200 (per day salary) x 10 (days you’ve missed at work) = $2,000 (Total loss). 

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          Calculate The Loss For Self-Employee

          Calculate how much you used to earn on average yearly by checking the bank statement of the last few years. Divide the yearly income by the days you work in a year to find out the daily earnings. Multiply the daily earnings by the days you didn’t work due to injury. 

          Here’s an example: 

          Average yearly income: $60,000

          Number of days worked in a year: 300 days

          Total days you’ve missed at work due to injury: 15 days 

          $60,000 (yearly income) / 300 (working days) = $200 (per day earning)

          $200 (per day earning) x 15 (days you’ve missed at work) = $3,000 (Total loss).

          Calculate The Loss As Per Hourly Job

          If you’re employed on an hourly basis, begin by determining your pre-accident hourly wage. Then, calculate the number of hours you missed due to the accident. You can find this by finding the daily working hours and multiplying by the number of days you’ve missed at work.

          Here’s an example:

          Pre-accident hourly wage: $15 per hour

          Average working hours per day: 8 hours

          Number of days missed due to injury: 5 days

          (To calculate the hours missed, multiply the daily working hours by the number of days you were absent at work).  

          8 hours (daily working hours) x 5 days = 40 hours

          (If your pre-accident hourly wage was $15 per hour and you missed 40 hours of work, the calculation would be):

          $15 (per hour earning) x 40 (hours you’ve missed at work) = $600 (Total loss).

          How Long Does It Take To Get Lost Wages From A Car Accident?

          The duration of recovery from lost wages from a car accident varies depending on the specifics of the case. If the case is complex and both parties have strong evidence and don’t want the settlement, it could extend over several months or even longer.

          Alternatively, the case can also end in a few weeks if one party accepts the claim of the other one. However, it’s crucial to note that you also need time for the case investigation, gathering proof, and medical evidence. 

          Final Thoughts

          The simple answer to Can you get compensation for lost wages in a personal injury case is YES! It's possible to get compensation for your loss of wages, but also remember you need to prove to the court that you've suffered the losses due to the injury.

          Failing to prove your loss due to injury could weaken your position against the opposing party in the court. We would advise you to hire an experienced personal injury lawyer so they can represent your case professionally with the strongest possible arguments.

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            Personal Injury Blogs

            Filing Personal Injury Claim Against A Government Entity – Is It Possible?

            How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

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            Filing Personal Injury Claim Against A Government Entity – Is It Possible?

            By  Dan McCrary | March 1, 2024

            A personal injury claim means asking for compensation for pain and suffering that you’ve faced because of someone else’s mistake. While such claims are common, the question arises: Can you file a personal injury claim against a government entity? That’s’ we’ll find out today. 

            Mistakes and mishaps are part of life; anyone can cause them, not just ordinary citizens. At times, accidents occur solely due to errors made by government entities. If this has happened to you, don’t worry about it. 

            This article will answer whether it’s possible to file a personal injury claim against an entity and, if yes, do you need a lawyer. We’ll also explain the laws that allow a citizen to hold a government entity accountable in case of loss so you can understand everything better. 

            Is It Possible To File A Personal Injury Claim Against Govt Entity?

            Yes, it’s possible and legally permissible to file a personal injury claim against a government entity, provided you have valid evidence establishing their responsibility. You can’t just blame the government solely based on your perspective.

            If you possess evidence such as witnesses, medical reports, or footage indicating the government employee’s liability, acts like the Federal Tort Claims Act and The California Tort Claims Act (CTCA) allow personal injury claims. 

            However, there are some rules regarding which situation the Govt entity would be responsible for. For example, the federal government can only hold you accountable if you were injured or property was damaged by a federal employee, not a local government employee. You can read more details about it below. 

            Federal Tort Claims Act (FTCA) & California Tort Claim Act

            The Federal Tort Claims Act and the California Tort Claims Act empower the public to hold government entities accountable for wrongful actions leading to accidents. The FTCA applies to federal employees, while the California Tort Claims Act applies to employees of California govt.

            For residents of other states, it’s essential to research their state laws regarding personal injury claims against government entities. Under the Federal Tort Claims Act, certain conditions must be met to hold the federal government accountable:

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            If you live in any other estate, research state laws regarding personal injury claims against government entities. Under the Federal Tort Claims Act (FTCA), certain conditions must be met to hold the federal government accountable:

            • The injury or property damage must be caused by the employee.
            • The employee must have been acting within the scope of duty.
            • The employee’s actions must have been negligent.

            The same case is for the California Tort Claim Act (CTCA), which also has some conditions. Besides these conditions, both acts require the victim to provide documented evidence that supports their personal injury claims.

            • A dangerous accident occurs on public property.
            • If the accident was caused by an employee.
            • The employee was acting within the scope of duty.

            Statute of Limitation For FTCA & CTCA 

            The statute of limitation means the duration of time a victim can claim for personal injury or damage. According to the Federal Tort Claim Act (FTCA), victims have a two-year time limit from the date of the accident to file their claim.

            Similarly, the California Tort Claims Act (CTCA) also imposes a two-year time limit. However, there’s a crucial point: victims must inform the federal or local public entity timely (within six months) with a written application detailing the injury or financial damage incurred.

            Can I File A Personal Injury Claim Against The Government Without A Lawyer?

            Yes, you can file a personal injury claim against the government without a lawyer, a process called Pro Se, but you might face a lot of issues. Personal injury cases require evidence, investigation, and a deep understanding of legal principles. 

            Without knowledge of the basics of law and how to present a case with strong evidence, you may struggle to persuade the opposing party. This is why it’s important to hire a personal injury lawyer. They can take the burden from your shoulders and ensure you succeed. 

            Final Words

            It's legally permissible for a citizen of a country or state to file a claim against the government if they're responsible for the loss. However, to prove this claim, you need solid evidence and statements from witnesses.

            It's also important to understand the federal government and the local government. As a victim, you can only hold the federal government accountable for their employee; if the accident were caused by your state police, the federal government wouldn't be responsible for it.

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              Personal Injury Blogs

              The Role of Insurance In Personal Injury Claims [Key Insights]

              How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

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              The Role of Insurance In Personal Injury Claims [Key Insights]

              By  Dan McCrary | February 28, 2024

              Insurance companies are important for personal injury claims. They provide the financial support outlined in an insurance policy to compensate victims. However, obtaining this compensation involves a detailed process.

              The first step is a personal injury claim must be filed then the accused party notify their insurer agent and then the investigation process comes. The investigator also known as the claims adjuster will conduct a thorough investigation and proceed with the further steps.

              If the claim is valid, the insurance company will pay for the compensation. In case of a fake claim, the case will be denied. Below we’ll explain what’s the role of insurance companies in personal injury claims in more detail. Make sure to read until the end!

              Role of Insurance Companies In Personal Injury Claims 

              In simple terms, an insurance policy is a legal agreement where one party, the insurance company, promises compensation in case of a specific loss. This compensation can be for the policyholder or someone harmed due to the policyholder’s negligence.

              Various types of insurance policies provide support for personal injuries. If someone in California is injured in a car accident, they may receive compensation through liability insurance which is necessary as per California law.

              If an accident occurs on someone else’s property, such as while working, compensation will be paid from the Business and Home owner’s insurance. Similarly, individuals who are injured at their workplace will receive compensation through worker’s compensation insurance.

              No matter what type of insurance is, the process for receiving claim money is typically the same. The insurance company investigates the accident upon receiving the claim request and then decides whether to deny, accept, or offer a different compensation amount.

              How Do Insurance Companies Handle Personal Injury Claims?

              Below you can read the steps the insurance company takes after the policyholder notifies them about the personal injury claim. The process will be supervised by the claim adjuster of the insurance companies.

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              Investigation Process

              The job of the claim adjuster begins with the investigation of the accident case. The claim adjuster thoroughly checks all the evidence, your statement, and the CCTV footage videos of the accident scene.

              After gathering the evidence the claim adjuster may also ask you for an interview to gather your perspective on the accident. You will be asked to provide the medical bills, proof of loss of wages, and your overall financial loss.

              Assessment of Compensation 

              The evidence you’ve provided to the claim adjuster will help understand the seriousness of the accident and how much you’ve suffered. Then they’ll assess a compensation amount according to their policy and the case details. 

              It’s important to be aware that sometimes insurance companies try to shift blame onto the victim, undermining their confidence in the case. If you find yourself in this situation, it’s advisable to seek legal representation from a personal injury lawyer to negotiate on your behalf.

              The Decision For The Claim

              In the last step, the insurance company makes a decision regarding the validity of your personal injury claim. Upon confirming the legitimacy of your claim, they will compensate you for your losses or deny the claim.  

              If you think the insurance company did an injustice by denying your claim you have the right to appeal. In case the appeal is unsuccessful, you can take the case to court. In court, a judge will determine responsibility for the accident and whether your claim is justified.

              3 Proven Tips To EnSure You Receive Rightful Compensation

              Here are a few tips that we suggest the injury victims follow to receive rightful compensation. By following the tips you can increase the likelihood of receiving the fair compensation you deserve for the personal injury claim.

              • Document Your Case: Timely documentation of the accident is a crucial point. It’s best to complete this task within 24 hours of the incident, as evidence from the accident scene can quickly vanish over time. 
              • Keep Records of Your Financial Loss: You should always keep records of your finances. The evidence that can be used to prove loss are hospital bills, proof of lost wages, damage to your vehicle or property, and other related expenses.
              • Don’t Accept Early Offers: It’s common for insurance companies to offer lower settlements after investigating the case. You should not accept these early offers without consulting the case with an experienced lawyer.

              Insurance Company Role In Personal Injury Claim: Final Thoughts

              The role of insurance companies in personal injury claims is crucial as they pay the compensation on behalf of the responsible party. The responsible party informs their respective insurance company about the claim upon receiving the legal notice.

              Afterward, a claim adjuster of the insurance company investigates the accident case to find out who is at fault. If their insurance policyholder proves to be responsible they pay for the loss or offer another compensation amount.

              However, there's a third scenario where the insurer may deny the personal injury claim due to insufficient evidence against the responsible party. In such cases, the personal injury case typically goes to court for a final decision

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                Personal Injury Blogs

                5 Clear Indicators of A Skilled Personal Injury Lawyer

                How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

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                5 Clear Indicators of A Skilled Personal Injury Lawyer

                By  Dan McCrary | February 25, 2024

                Personal injury lawyers are important to hire if you’ve encountered an accident, which has caused injury, financial loss due to someone else’s negligence. The lawyer will help you file the claim for fair compensation. 

                Although it’s legally possible to follow up the case filing process and represent yourself in the court without hiring a lawyer, it’s not an easy way. Without knowledge of law, you’ll not be able to prove your claim and the other party can win the case easily. 

                This is why the best you can do for your case is to hire an experienced lawyer. For your help, we’ll discuss the five signs of a good personal injury lawyer which will help identify a lawyer who possesses the essential skills and dedication for the case.

                5 Signs of A Good Personal Injury Lawyer

                Here are the five key signs of a good Personal Injury lawyer. These points are the most basic qualities that the lawyers should have. You can add more points according to the requirement of your case and extend the criteria. 

                1. Trial Experience & Expertise 

                The first clear indication of a good lawyer is the trial experience and expertise in dealing with personal injury cases. Many people may not be aware, but the legal profession involves numerous practice areas, each requiring specialized knowledge and skills.

                Lawyers typically focus on specific areas and hone their skills by taking cases in the same field. If you want to win the case it’s crucial to prioritize lawyers who have practiced in the areas like product liability, insurance defense and have a proven track record of trial experience. 

                Besides the trial experience, you should also ask the lawyer about the success rate of the cases. Lawyers who have a history of securing favorable outcomes in personal injury cases are more likely to win your case as well.

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                2. Client-Centered Approach

                If your lawyer’s approach is client-centric, congratulations as you’ve found the best lawyer for the case. You can easily find out about the client centric approach during the consultation period of the case. 

                Ask questions like how the lawyer will handle your case, update you, and the services they offer. The answer to these questions will tell how good a lawyer is, whether they’ll be able to provide exceptional service or not. 

                3. Strong Communication Skills

                Effective communication is a non-negotiable attribute for a good lawyer. Many lawyers lack the ability to listen attentively or provide clear solutions during consultations, which is a clear red flag most individuals avoid. 

                If you’ve noticed the red flag of lack of communication it’s best to not hire the lawyer. Hiring someone who struggles to communicate effectively can easily jeopardize the success of your personal injury case.

                4. Availability of The Lawyer & Team 

                The fourth indication of a skilled lawyer be it a personal injury or any other area is the availability. Remember you’re not only the victim of the case but also a client to the lawyer. Therefore, it’s the lawyer’s responsibility to be accessible and responsive to your concerns. 

                If your lawyer isn’t available, there should be someone else from their team whom you can turn to for assistance. In our Law Firm at MCCRARY we offer 24/7 free case evaluation for our clients, and a free consultation for the first time. 

                5. Compassion For Your Case & Fee 

                Another important sign you should look at the lawyer is how much compassion the lawyer has for your loss or it’s only about the case. A lawyer who’s spending time understanding your loss, and offering the solution is likely to provide a better service.

                Also, don’t forget to consider the fee structure. Opting for lawyers who handle cases on a contingency fee basis can be advantageous. This arrangement not only shows lawyer confidence in the case’s success but also relieves you from the burden of hefty upfront fees.

                Final Words

                We’ve discussed the five signs of a good personal injury lawyer. Now it’s time for you to check all the lawyers on these basic points. Evaluating lawyers against these points will provide you with a thorough understanding of whether they are the best fit for your case.

                You can consider scheduling a free consultation with our MCCRARY Law Firm personal injury lawyer. If visiting our office is not feasible for you, our team will accommodate your needs by arranging consultations at your home.

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                  Personal Injury Blogs

                  Should You Hire A Lawyer For A Personal Injury Case? [6 Valid Reasons]

                  How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

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                  Should You Hire A Lawyer For A Personal Injury Case? [6 Valid Reasons]

                  By  Dan McCrary | February 21, 2024

                  Personal injury lawyers can help in cases where a person has encountered an accident due to someone else’s negligence. These accidents may include motorcycle or car accidents, incidents resulting from faulty products or machinery, and so forth.

                  Regardless of the type of accident, if you believe your injury resulted from another party’s negligence and caused your injury, you have the option to file a personal injury claim. You can choose to navigate the entire process on your own or hire an experienced lawyer.

                  We would suggest hiring a personal injury lawyer. Lawyers guide you through the legal process and ensure that you win the case. Below you can explore more reasons why you should hire a lawyer for your personal injury case in Northern California.

                  Can You Win A Personal Injury Case Without A Lawyer? 

                  Legally, yes, you have the right to file a personal injury claim and represent yourself in court. However, to successfully pursue a case in court requires thorough investigation, evidence gathering, and an understanding of legal procedures.

                  Most importantly, each step demands time, from documenting the accident scene to obtaining medical records. If you don’t have time to spend on the investigation and research process it would be impossible to win the case. 

                  Even a minor mistake or procedural error can weaken your case, potentially benefiting the opposing party’s lawyer. This is why it’s highly advisable to seek help from the expertise of a professional personal injury lawyer.

                  6 Reasons To Hire Personal Injury Case Lawyer In Northern California 

                  Here are six reasons to hire a personal injury case lawyer. By considering these reasons, you can decide whether you need an experienced lawyer for the settlement claim or if you can handle the case yourself.

                  1. Guidance For The Case 

                  The most beneficial point of hiring a personal injury lawyer is that they’ll guide you throughout the case, such as about the statute of limitation and the likelihood of winning. This guidance is invaluable and cannot be obtained from internet sources or books.

                  Lawyers have the knowledge and experience of winning cases. They can easily assess the strengths and weaknesses of your case, as well as advise you on the appropriate settlement (compensation amount for your financial losses).

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                  2. Assist Determining Settlement Amount 

                  Personal injury lawyers also help determine how much compensation you should seek in a settlement. They carefully examine all the details of your case, such as medical records, car repair bills, and hospital records.

                  After reviewing every aspect of your case, lawyers provide advice on the appropriate amount to request as compensation. Lawyers ensure that the claim is neither excessive nor insufficient but accurately reflects what you’ve lost.

                  3. Negotiate On Your Behalf

                  In almost every personal injury case, the other party’s lawyer or the insurance agent proposes settlement offers, which isn’t a problem if the offer is fair. The issue with these initial offers is they tend to be the bare minimum.

                  Insurers or lawyers may attempt to shift blame to you or claim the settlement amount is unreasonable. This is where having a lawyer can help as they’ll negotiate on your behalf based on evidence and secure a fair settlement.

                  4. Help Gathering Evidence 

                  One of the biggest challenges for accident victims who want to represent themselves in court without hiring a lawyer is gathering evidence. Not everyone knows which evidence can be helpful in the case and how to collect it effectively.

                  However, with a lawyer by your side, this hurdle becomes much easier to overcome. Lawyers have the expertise to identify the types of evidence important to your case, whether it involves obtaining CCTV footage, capturing post-accident photos, or securing witness statements.

                  5. Present Your Case Professionally

                  After guiding you through the legal process, determining the settlement amount, and gathering evidence, personal injury lawyers also present your case in court. This is a crucial aspect of their role, as it influences your chances of winning the case.

                  It’s an important process because the opposing party will also have legal representation advocating on their behalf. If you don’t have a lawyer, your claim may be vulnerable to counterarguments, which will potentially weaken your case.

                  6. Peace of Mind For Accident Victims

                  The last and most important reason to hire a lawyer for a personal injury case is for peace of mind. Having a lawyer by your side means you won’t have to worry about the legal process anymore. Your lawyer will always be there to provide guidance and support.

                  Many lawyers in Northern California operate on a contingency basis, adding to your peace of mind. This means you don’t have to concern yourself about paying upfront fees. Instead, your lawyer will receive a percentage of the settlement amount (only if they win your case).

                  Hiring Personal Injury Lawyer: Final Words

                  Should you hire a lawyer for a personal injury case in Northern California? Yes, it’s advisable to hire an experienced lawyer for a personal injury case. Your lawyer will guide you through the case, prepare a strong case, and present it in court, tasks that are challenging to do alone.

                  If you're unsure where to turn, consider consulting with a personal injury lawyer from our MCCRARY Law Firm. We offer free initial consultations and services on a contingency fee basis, which means we’ll not charge a fee until we win your case.

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                    Personal Injury Blogs

                    6 Types of Evidence Needed To Win Personal Injury Claim 

                    How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

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                    6 Types of Evidence Needed To Win Personal Injury Claim 

                    By  Dan McCrary | February 19, 2024

                    Proving personal injury claims is one of the most difficult tasks, which is impossible unless you have sufficient proof. The proof must be valid as per laws; otherwise, the lawyer of the opposing party can easily weaken your case. 

                    The main issue is only legal experts know what proof can be served as solid evidence in the court. And if someone decides to navigate the claim without a lawyer’s help, they get confused and often misled due to having little knowledge. 

                    However, this issue can be solved with this guide as we’ll explain what evidence is needed for a personal injury claim. We’ll also discuss the limitation period for the claim so you can file the case at the right time and get fair compensation.

                    What Evidence Do You Need To Prove A Personal Injury Claim?

                    There are different types of evidence you need to prove a personal injury claim. For example, medical reports of injury, hospital bills, and evidence to prove that the accident happened due to the negligence of someone. You can read more about the evidence below:

                    1. Injury Evidence 

                    The most important evidence is the medical reports of the injury. These reports provide insights into the severity, level of discomfort, and repercussions of the injury inflicted upon your life. 

                    Also, make sure to include reports about disabilities caused by the injury (if any). The disability could be temporary or permanent. What matters is whether you have evidence to show it happened due to the accident or not.

                    2. Eye Witnesses Statements

                    An eyewitness statement is also important for personal injury claims. The eyewitnesses provide firsthand accounts of what occurred during the accident, supporting your evidence and perspective, which makes your case stronger. 

                    However, it’s also important to communicate with witnesses about potential court proceedings. Only involve them in the case if they are willing to testify in court when necessary. For this process, you may also need to cover their travel expenses.

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                    3. Evidence To Prove Negligence 

                    In a personal injury claim, the victim demands compensation from the party who is responsible for the accident. However, you can’t just simply allege someone guilty of the accident without strong evidence. 

                    The evidence of proving negligence depends upon the case. For example, in the case of a machine malfunction, a report regarding the machine’s condition is needed. If the accident resulted from a driver’s negligence, witness statements or CCTV footage are important.

                    4. Victim Statement 

                    Along with the evidence mentioned above, you should also attach the victim’s statement (your statement). The statement will detail your perspective about what happened before or during the time of the accident. 

                    It’s a crucial part, so ensure to include all details while recording the statement. For a comprehensive statement, legal experts suggest taking notes of the memories of the accident. This is because it’s common for victims to forget the details after some time.

                    5. Police Reports 

                    The first government official who comes to the injured person is typically the police. They arrive at the accident scene to document the incident, capture photos, and videos, and obtain victim statements. 

                    After acquiring all of these details, police create a detailed report. This report can be helpful to prove your claim as it includes every little detail. You can take the report copy by visiting the police department and paying between $15 to $20 fee (depending upon the type of report).

                    6. Evidence of Financial Loss 

                    The sixth important piece of evidence that could be helpful for the personal injury claim is the proof of financial loss. If you were hospitalized or recovering at home due to your injury, you can use the records to show your loss of wages and ask for fair compensation. 

                    You can bank statements reflecting decreased income. Records of missed work days resulting in lost wages, or any documentation like hospital bills that show the financial impact of your injury can also be used as evidence. 

                    Limitation Period For Personal Injury Claims In California

                    It’s crucial to note that every state sets a deadline for filing personal injury claims. This deadline is known as the limitation period, which can be one year or more depending upon the state you live in. After this time, it becomes challenging to gather evidence to support the claim.

                    In California, the limitation period is specifically three years from the date of the accident. If your injury occurred more than three years ago, you may not be eligible to seek compensation from the at-fault party, and the claim won’t be valid.

                    Seek Legal Expert's Advice: Final Thoughts

                    There are multiple types of evidence you need to prove the personal injury claim. The evidence includes injury reports, hospital bills, eye witness statements, victim statements, police reports, financial loss reports, and evidence to prove negligence.

                    Having all these proofs can make the case stronger, holding the opposing party accountable for your losses. If you're unsure about anything, reach out to our law firm for free consultations with experienced personal injury lawyers.

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