The Bartinik Law Firm LLC

Auto accidents

You will need a car accident lawyer if you were hurt in an auto accident.

Did you receive medical care?  Do you have large medical bills?  How are your medical bills getting paid?  All of these issues lead many questions.  You may be eligible to receive significant compensation to cover medical bills, lost wages, and pain and suffering.  To help you achieve a great result, the car accident lawyers at The Bartinik Law Firm LLC are ready to help you.

Auto accidents are common.  The car insurance industry estimates that an individual will file a claim for a collision about once every 18 years.  Being hurt in a car crash can be extremely scary.  While a car can be fixed or replaced, your good health cannot.

WHAT ARE MY RIGHTS IF I AM IN A CAR ACCIDENT.

You have the right to sue the negligent driver, and the owner for the vehicle for monetary compensation.  You can sue that business, the the defendant was working at the time of the crash.  If the negligent driver was drunk, then you might have a claim against the person who served the drunk alcohol.  You might also have a product liability case if the car you were in was defective in some manner, and that defect caused you injuries.  Overall, if you are insured in a car accident, and the accident was not your fault, you have the right to sue the negligent party and possibly other parties for monetary compensation for your harms and losses.

WHO WILL PAY MY MEDICAL BILLS?

Eventually, your medical bills will be paid by the negligent party or their insurance company.

During the time the case is pending, your medical bills will be paid by the medical payments policy on your insurance policy, or the defendant’s insurance company.   Additionally, if there is no medical payments policy available, then your medical bills will be paid by your health insurance company.  If there is no heath insurance available, then you are responsible for your medical bills.

Of course, in the end, when the case is finally concluded the defendant or their insurance company will be responsible for the medical bills.

IF I CAN’T WORK, WHO WILL PAY MY LOST WAGES?

I you can’t work then you will not receive any wages.  You can sue the defendant for those lost wages.

Of course, if you are covered by your employer’s short term disability policy, then you can receive those benefits.  Also, if you were working at the time of the car accident, then you can file a Workers’ Compensation claim, and receive those benefits.

Your lost wages will be part of the damages you will claim in your car accident lawsuit.  In the event you receive short term disability benefits, or Workers’ Compensation, then those companies might have to be reimbursed.

WHO WILL PAY FOR THE PROPERTY DAMAGE TO MY CAR?

The defendant and their insurance company are responsible for car’s property damage.  If you have property damage on your own policy, you might elect to have them pay for the property damage.  You can expect them to be more cooperative with you than the defendant’s insurance company.  Once your insurance company pays your property damage claim, then they will seek to be compensated by the defendant’s insurance company.

HOW WILL I FIND TRANSPORTATION IF MY CAR IS TOTALLY WRECKED?

The defendant and their insurance company are responsible to compensate you for vehicle loss of use.  Typically, they will pay the cost to provide you with a rental car during the time immediately following the car accident.  They will also pay for storage costs for your vehicle.  Of course, they will only pay for so long, and each policy might cover a different time period.  Normally, it is less than one month.

WHAT CAN MY CAR ACCIDENT LAWYER RECOVER FOR ME?

You have the right to sue for your harms and losses.  You also have the right to a trial by jury.

WHAT CAN I SUE FOR?

You can sue for compensation for all of your harms and losses.   In most cases, you can sue for the following types of damages:

Wrongful death;

Medical bills;

Lost wages;

Personal injuries;

Lost of enjoyment of activities;

Past and future losses;

The the lesser of the cost to repair your car, or total value;

Loss of use of the car.

IS THERE A TIME LIMIT WITHIN WHICH I CAN SUE, OR STATUTE OF LIMITATIONS?

There are definitely time limits within which you must file sue.  For a car accident in Connecticut, the statute of limitations is two years from the date of the accident.  For certain types of claims, the statute of limitations might be shorter.  Therefore, it is crucial for you to consult with a Connecticut car accident lawyer to confirm the applicable statute of limitations for your case.

If you fail to file suit within the statute of limitations, you will completely lose your rights to sue.

WHAT IF THE OTHER PERSON HAS NO INSURANCE?

If the defendant does not have insurance, or the insurance is insufficient to pay for your losses, then you can bring an underinsured motorist claim against your uninsured motorist company.

DO I NEED A CAR ACCIDENT LAWYER

WHAT IS THE VALUE OF A CAR ACCIDENT LAWYER?

Without experienced legal advice form lawyer, it is impossible for you successfully handle the following necessary parts of a car accident case.

A lawyer is necessary to accurately evaluate fair compensation, or a reasonable range of fair compensation for a case.  The value of a case is highly subjective.  Experienced lawyers can evaluate cases based on their experience.  As a result, you need the advice of a lawyer who has handled many cases.

Second, a lawyer is necessary to determine your rights, duties, and responsibilities of the various entities that might claim a lien or rights of subrogation.  Attorney Peter Bartinik Jr. has given several lectures in the subject to lawyer groups, and continues to do so.

Third, with legal training in the rules of trial practice, civil procedure, and evidence you cannot possibly take a case to trial.

WHO DOES THE INSURANCE COMPANY REPRESENT?

The insurance adjuster for the defendant does not represent you.  They do not owe you a duty of reasonableness, or even truthfulness.  Their job is to pay you as little as possible.

SHOULD I SPEAK WITH THE INSURANCE ADJUSTER?

You should not speak with the defendant’s insurance representative unless you have previously consulted with your lawyer for legal advice.  Only your lawyer, owes you a fiduciary duty.

SHOULD I TALK TO A CAR ACCIDENT LAWYER BEFORE YOU ACCEPT THE INSURANCE COMPANY’S LOW OFFER

You should speak with your lawyer before you sign anything, or accept any offer.

The insurance company will always give you a lowball offer.  For most people, that offer is never going to be enough to cover their medical bills, and other accident-related expenses.

WHAT TYPES OF INJURIES ARE SIGNIFICANT ENOUGH TO ALLOW ME TO BRING A LAWSUIT?

In some states there are rules that limit lawsuits to amount over a certain sum.  In Connecticut there is no such rule.  There is no rule of thump about the size of the claim

We frequently work with individuals suffering from many different auto accident injuries, including:

  • Herniated Discs
  • Brain Injuries
  • Broken Bones
  • Spinal Injuries
  • Whiplash
  • Burns
  • Sprains
  • Strains.
  • Concussions.

Don’t go back and forth with yourself, wondering whether your injuries are “bad enough” to warrant hiring a lawyer.

WHERE TO GET HELP?

Our job is to make sure you receive the money you deserve.  We also handle cases in Rhode Island.  Our lawyers can’t heal your injuries, but we hope that we can bring you some justice, and peace of mind after your car crash.

Your first consultation is completely free.  Call The Bartinik Law Firm LLC at 860-445-8521 to schedule an appointment.