Interstate 95 FAQ’s

While there are no regulations or laws in place that legally obligate you to retain the services of a personal injury attorney, working with one can provide you with many significant advantages. 

An experienced car accident attorney can defend your rights and ensure that you see a successful outcome in your case. 

If you were severely injured or endured a long-term handicap or permanent disability, you will likely find yourself struggling to find a way to pay for the treatments and medical care that you need now and in the future.

Additionally, if you cannot work for an extended period or if your injuries have permanently jeopardized your ability to work, you need a settlement that will allow you to pay your bills and care for yourself and those who depend on you. 

While there is certainly nothing stopping you from constructing a claim and submitting it to the negligent motorist’s insurance company, you will have a hard time getting paid. The insurance provider and their team of attorneys are not at all concerned with your health or well-being. 

When personal injury victims attempt to work directly with the negligent motorist’s insurance provider, their attorneys usually try to offer a lowball settlement or deny the claim outright. If you consent to a settlement that is less than what you deserve in exchange for fast money, you will be asked to rescind any future attempts to seek additional compensation.

Victims often make off-hand statements to an insurance adjustor that could be interpreted as an admission of guilt. Your attorney will deal with the insurance carrier on your behalf to guarantee this does not happen to you.

An accident on I-95 may involve:

• A motorcycle.
• Another passenger vehicle.
• A tractor-trailer.
• Any other numerous kinds of motor vehicles that regularly use the interstate.

Our attorneys represent the victims of motorcycle, truck, and car accidents, as well as other types of accidents caused by individuals acting in a negligent, careless, or negligent manner. 

To prove the exact cause of your I-95 accident, a lawyer will:

• Deal with insurance carriers on your behalf.
• Secure a copy of your official police report. 
• Gather all relevant information and evidence, including pictures and eyewitness accounts.
• Work with accident reconstruction specialists or expert witnesses.

An attorney will provide accessible representation, answer your questions, address your concerns, and routinely update you on your case’s progress.  

An attorney will also compile evidence, such as pictures of the accident scene and any visible injuries. In addition to this, they will track down other evidence that confirms liability for the accident, including:

• Medical bills and records show the cause of your injuries and the expense of your treatment.
• Eyewitness statements.
• A formal medical prognosis to establish the cost of any future medical care.
• Documents to show the total of your lost wages.

A lawyer will know the most effective way to help you construct a case that proves the negligent driver assumes full accountability for your accident and fight any allegations that you contributed to it. 

If you were injured due to another motorist’s dereliction, negligence, or unlawfulness, you are eligible to file a claim for financial compensation. However, the time you are given to do so is somewhat limited.  

Every state has a period during which a person can file a personal injury claim. This pre-determined deadline is known as the statute of limitations. These statutes, as they apply to the states along I-95, can be found below. 

Only certain members of the deceased’s family are eligible to file a claim for wrongful death. Contrary to popular belief, not just any relative is entitled to do so. Many states have a concise list of those permitted to file this type of claim. 

Legally qualified family members are authorized to bring a claim on behalf of the deceased for various damages. The sooner you speak with an attorney, the faster they can get to work on your case by collecting evidence, and the quicker you can get the justice and economic recovery you deserve.  

For the 16 states along Interstate 95, the statute of limitations for personal injury claims and wrongful deaths are:

Florida

Personal Injury: Four years

Wrongful Death: Two years; only the executor of the deceased’s estate may file

Georgia

Personal Injury: Two years

Wrongful Death: Two years; only the spouse, parents, or executor may file

South Carolina

Personal Injury: Three years

Wrongful Death: Three years; only the executor may file

North Carolina

Personal Injury: Three years

Wrongful Death: Two years; only the executor may file

Virginia

Personal Injury: Two years

Wrongful Death: Two years; only the deceased’s spouse, parents, children, or grandchildren may file

Maryland 

Personal Injury: Three years

Wrongful Death: Three years; only the deceased’s spouse, parents, children, or grandchildren may file

Delaware

Personal Injury: Two years

Wrongful Death: Two years; only the spouse, parents, children, or siblings may file

Pennsylvania 

Personal Injury: Two years

Wrongful Death: Two years; only the executor may file

New Jersey 

Personal Injury: Two years

Wrongful Death: Two years; only the executor may file

New York

Personal Injury: Three years

Wrongful Death: Two years; only the deceased’s spouse, parents, children, or executor may file

Connecticut 

Personal Injury: Two years

Wrongful Death: Two years; only the executor may file

Rhode Island 

Personal Injury: Three years

Wrongful Death: Three years; only the spouse, parents, children, or executor may file

Massachusetts

Personal Injury: Three years

Wrongful Death: Three years; only the executor may file 

New Hampshire

Personal Injury: Three years

Wrongful Death: Six years; anyone with a legal interest in the deceased’s estate may file

Maine 

Personal Injury: Six years

Wrongful Death: Two years; only the executor may file

The laws surrounding filing a wrongful death claim vary from state to state. Almost every state has special provisions and exceptions that could apply depending on the circumstances. 

No one ever expects to be injured in a motor vehicle accident, and it is a situation for which most people are unprepared. Many drivers think good auto insurance coverage is enough, but that is not always the case. The things you say and do after an accident could significantly impact whether you secure the maximum amount of financial compensation available for your damages. 

Should you be involved in a car accident on I-95, there are several things you should do.

Call 911 Immediately: You must notify the authorities of the accident as soon as possible. Not only will this dispatch any necessary medical response, but it will also create a formal record of the incident by documenting all the pertinent details to aid with your insurance claim or potential personal injury suit. Some states, such as South Carolina, have specific laws that require you to report the crash to local law enforcement and make a written report based on the situation.

Secure the Scene: If possible, you should remove vehicles from the lane of travel to reduce the possibility of a secondary accident. If you can safely do so, take pictures of the scene, including any debris in the roadway, before the vehicles are moved. 

Exchange Information: Getting the other driver’s contact details is essential. Although they should be included in the police report, it is a good idea to gather this information immediately for your records. Be sure to get the full name, current address, telephone number, insurance provider, policy number, and vehicle information of everyone involved in the crash. 

Write Down the Details: If you can do so, fully document the scene of the collision by taking pictures and writing notes about how it happened. Take photos of all the cars involved in the accident, any visible injuries, and other details of the scene, such as skid marks, broken guard rails, and broken glass. Any notes or pictures you can take will be a massive asset to your potential claim. 

Cooperate With the Authorities: Regardless of your crash’s location, the accident report filled out by the responding officer will be vital and contain a lot of necessary information. However, it is important to remember that the police report is not the sole determining factor in a car accident case. What matters is what you can prove. This is why documenting the scene is so important.

Seek Medical Treatment: After medical assistance arrives, be sure to let them evaluate you and seek any recommended additional treatment. This could be nothing more than a brief physical exam followed by some basic first aid. Not all car accident injuries are immediately apparent. Some injuries like whiplash, internal bleeding, or a concussion can take several days or even weeks to manifest, making prompt medical attention essential to properly treating critical injuries. 

Contact Your Insurance Carrier: Get in touch with your insurance provider as soon as possible, either at the scene or after you get home. You will have to give them as much detail about the crash as possible, along with any documentation you have.

Speak With a Lawyer: We strongly recommend that you meet with an experienced personal injury lawyer who can explain your rights to you and examine the circumstances of your crash. Many firms will review your case and discuss your legal options during a free consultation. 

Keep Records: Keep all records and information about your accident together. This includes the police report, pictures, notes you took, conversations with the insurance adjuster, medical treatment, doctor’s notes, repair estimates, and other relevant information. These documents will be immeasurably helpful if you decide to pursue legal recourse. 

Remember that the laws governing if, how, and when you report an accident vary from state to state. Following these basic guidelines in the event of an injury crash can save you a lot of trouble with your insurance company down the road, particularly if the accident was not your fault. They will also reinforce any claim for financial compensation. 

Every motor vehicle accident case is different, so it is a good idea to keep all information regarding the incident as it could be important later on. 

The best time to reach out to a car accident attorney after your Interstate 95 accident is as soon as you possibly can. The more quickly you speak with an experienced lawyer, the better your chances of an efficient and straightforward case with a successful resolution. Talking to an attorney about your accident and potential legal options is risk-free and can help you feel in control of a scary situation.

Since most personal injury attorneys provide free consultations, there is no danger in making an appointment with a legal professional for an assessment of your potential claim. If you are uncertain whether your accident even warrants a lawyer’s attention, you can schedule a meeting to find out at no cost.  

Most personal injury lawyers operate on a contingency fee basis. If you choose to pursue legal action, you will pay no up-front costs for anything. The contingency fee arrangement makes personal injury the one area of law that is equally accessible to everyone who needs it.

The industry standard for paying a personal injury attorney for their services is through a contingency agreement. Rather than getting paid an hourly rate, lawyers who operate on a contingency fee collect a previously agreed-upon percentage of any compensation their client receives when they win or settle their case. Once a contingency fee agreement is in place, the lawyer only receives payment for their services if they have effectively represented their client. The percentage they receive is contingent on the case’s results and during which litigation stage it was settled. Contingency fees are practically omnipresent when it comes to personal injury cases. On average, a successful lawyer will take home anywhere from 20{0f2f93503d6985d404dbb83ffa317246a70bbec86a6fe833f456f68931cc0109} to 50{0f2f93503d6985d404dbb83ffa317246a70bbec86a6fe833f456f68931cc0109} of the damages awarded.

While insurance carriers generally require policyholders to comply with the claims process, you are not obligated to provide them with a recorded statement. One purpose behind them asking for a recorded statement is that it is faster and easier than waiting for written notice. 

Following a severe accident, most victims can verbally describe what happened in just a few minutes. However, obtaining that same information in writing could take several days or weeks. Additionally, insurance carriers know that recorded statements taken right after an accident are prone to a much larger margin of error. This gives them something they can take advantage of and sidestep paying full compensation to the policyholder.

The value of the damages involved drives the value of a personal injury claim. Typically, the person determined to be liable pays damages to the claimant as an act of expiation for the losses they endured due to their injury. 

From an economic viewpoint, damages are the financial losses caused by the victim’s injury. The total damages in any civil lawsuit can be established either by a jury during a trial or mutually agreed on by both parties in a settlement. 

The equation used most often by insurance companies to total damages associated with pain and suffering is known as the Multiplier Method. A client’s actual damages are added up. The total is then plugged into a mathematical formula where it is multiplied by a number between one and a half and five. The multiplier, the number by which the total is multiplied, indicates the degree of the severity of non-economic damages such as pain and suffering.

It is important to remember that the total generated through the multiplier method is just a rough estimate. There are simply no assurances that you will be awarded the same amount. The insurer may deny your claim in full if a larger multiplier is applied for no discernable reason. This is why it is vital to back up any calculations with accurate facts, legal documentation, and the help of a reliable car accident attorney.

In most personal injury cases, your damages will fall into one of two categories that, combined, form the basis of your claim: special or economic damages, and general or non-economic damages. 

Economic damages are compensation for objectively verifiable current and anticipated monetary losses. These damages have precise dollar amounts assigned to them, like lost income and hospital bills. These damages’ exact and provable nature makes them easier to estimate when building a claim. Economic damages can include:  

• Doctor bills/Hospital bills
• Damage to or loss of personal property
• Lost income resulting from time away from work
• Various other confirmable losses

Non-economic damages are intended as payment for subjective, non-monetary losses. Non-economic damages are much harder to estimate because they portray the emotional and physical trauma that often follows a serious injury. These damages include bodily distress and discomfort, which, in personal injury terms, are referred to as pain and suffering.  

Non-economic damages also take into account:

• Emotional anguish/Mental trauma
• Reduced quality of life
• Loss of consortium

Another common question frequently asked by potential clients is how long their case will take to be resolved. The answer to this question relies on many factors, the most important being the state where your case will be litigated. For example, any civil case will be expedited through a court system in rural Georgia much more quickly than a case in a major city like Manhattan or Atlanta. 

A non-specific answer to how long your claim will take to settle is anywhere from a couple of months to several years. One factor that often influences the longevity of a case is the victim’s financial circumstances. Clients seeking quick monetary relief are far more likely to consent to a lowball settlement before negotiations have even come to a close. 

If you sustained a significant personal injury caused by an accident or act of negligence, speak with an experienced car accident attorney for a free review of your potential case. After examining the details of your accident, they can estimate how long your case should take to conclude.