Law office of Timothy J Phillips
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Automobile Accidents


What are the legal aspects regarding compensation for car accident injuries/fatalities?

If you have been injured in a car accident, or have lost someone because of a car accident, you can file a case of personal injury or a wrongful death claim, as the case may be.

Those who are involved in car accidents, usually suffer serious injuries or death. Various types of car accident injuries include brain injury, injury to the spine, neck injuries, fractures and broken bones, head injuries, etc.

Such serious injuries can often leave the victims in severe pain and discomfort, not to mention making them disabled for life. Car accident injuries can also result in the loss of eyesight or hearing. Even if your car accident injuries are treated properly, you may still end up with some permanent disability or disfigurement.

What criteria must one meet to be eligible to make a claim for injuries, and what is compensation paid out for?

The law entitles victims of car accidents to recover damages and compensation for their injuries sustained in the accident. If you can fulfill the following conditions, you have a valid personal injury claim.

  • Your injury is a direct result of the car accident.
  • The accident was caused due to another person’s negligence or fault and not your own.

For a valid personal injury claim, proving negligence is the first step. The law does not allow you to be compensated for your own fault, thus, you need to prove that the accident was someone else’s fault and due to their negligence.

If fault can be established, you can recover compensation and damages for the following:

  • Medical expenses incurred in the treatment of your injuries.
  • Any future medical costs.
  • Compensation for actual loss of wages.
  • Loss of future wages.
  • Compensation for loss of enjoyment of life.
  • Damages for mental pain and anguish.

What about wrongful death eligibility and compensation breakdowns?

If you have lost a parent, spouse, or child to a car accident, you can file a wrongful death claim against the negligent parties. Most states limit the people who can bring a claim of wrongful death to those mentioned previously. In addition to the above, if you were financially dependant on someone, you can bring a claim of wrongful death if that person was killed in a car accident, even if you are not actually related to the deceased.

Here too, you need to establish that the death was caused due to the negligent actions of the defendant and happened because of the car accident. In a wrongful death claim, you are entitled to receive damages for the following:

  • Loss of companionship
  • Loss of sexual relationships
  • Actual financial losses, if the person killed was the provider of the household or you were dependant on them financially.
  • Mental pain and suffering

Do not settle for less than fair compensation!

Contact The Law Office of Timothy J Phillips for your free legal consultation.



Defective Dolly Injures Client

Practice Area: Products Liability
Description: Mr. Phillips obtained a $2.5 million dollar settlement from the manufacturer of a dolly based on the theory that the dolly was defectively designed. The settlement was reached after 27 depositions were taken and six expert witnesses were retained on behalf of the injured worker.
Outcome: $2.5 Million Settlement

Defective Product/Medical Malpractice Injures Baby

Practice Area: Medical Malpractice
Description: Mr. Phillips obtained a $1.2 million recovery on behalf of a mother who was improperly prescribed drugs which were contra-indicated resulting in an injured baby.
Outcome: $1.2 million settlement

Defective Fire Extinguisher Injures Client

Practice Area: Products Liability
Description: Mr. Phillips recovered $880,000 for a client who was injured when a fire extinguisher malfunctioned.
Outcome: $880,000 settlement

Negligent Mobile Home Driver Injures Client

Practice Area: Auto Accident
Description: Mr. Phillips recovered policy limits of $300,000 for a client suffering leg injuries when the vehicle he was driving was struck by a mobile home.
Outcome: $300,000 (policy limits) settlement

Negligent Driver Injures Client

Practice Area: Auto Accident
Description: Mr. Phillips recovered policy limits of $200,000 for his Client whose hand was injured in an automobile accident in Franklin County.
Outcome: $200,000 (policy limits) settlement

Minor's Mother and Father Die in Auto Accident

Practice Area: Wrongful Death/Auto Accident
Description: A drunk driver caused an accident killing Client's mother and father resulting in a policy limits structured settlement totaling $1.15 million.
Outcome: $1.15 million (policy limits) structured settlement

Deer Stand Fall Results in Settlement

Practice Area: Personal Injury
Description: Mr. Phillips recovers $700,000 for Client injured falling out of deer stand. Case was prosecuted in federal court against manufacturers of products which Client inhaled months prior to fall.
Outcome: $700,000 settlement

Workers Compensation Settlement

Practice Area: Workers Compensation
Description: Mr. Phillips recovers $151,000 for a Client from her employer for a back injury she sustained on the job.
Outcome: $151,000 settlement

Fall Down at Banquet Center Results in Settlement

Practice Area: Premises Liability
Description: Mr. Phillips recovers $125,000 for a Client who injured her shoulder when she fell on a dance floor at a banquet center.
Outcome: $125,000 settlement

Policy Limits Wrongful Death Settlement

Practice Area: Wrongful death/Auto Accident
Description: Mr. Phillips recovers Policy Limit settlement of $50,000 for the mother and father of a woman who died in a crossover automobile accident.
Outcome: $50,000 (policy limits) settlement


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