Car accidents can be a scary and stressful experience, leaving you with physical injuries, property damage, and emotional trauma. If you’ve been involved in a car accident caused by someone else’s negligence or reckless behavior, it’s important to know your legal rights and options for compensation.
If you or a loved one were injured, consult competent legal representation to figure out car accident liability and the potential settlement. In this blog post, we’ll discuss the legal aspects of car accidents and personal injury claims to help you understand how to protect yourself in case of an accident.
The Basics of Personal Injury Claims
Personal injury claims are made when someone is injured due to negligence or recklessness. In a car accident scenario, if the other driver caused the accident due to their failure to follow traffic rules or maintain their vehicle properly, they may be held responsible for any resulting injuries or damages. To make a successful personal injury claim after a car accident, three essential elements must be present:
1. Duty of Care
Every driver has a duty of care towards other drivers on the road. This means they must take reasonable steps to avoid causing harm or damage while driving. Failure to uphold this duty can result in being found negligent.
2. Breach
Breaching the duty of care means failing to meet the standards expected within reason. When drivers purposely breach the duty of care, they may be liable for damages or prison time. However, the assessment of this breach needs to be done carefully because intent must be factored in. Legal experts are typically best placed to make this determination.
3. Causation
The plaintiff must prove that the defendant’s negligent actions caused the accident. Then the plaintiff must show how those actions led to injuries and damages. Note that plaintiffs require sufficient documented proof to make this claim.
Types of Damages You Can Claim After A Car Accident
If your personal injury claim is successful, there are two types of damages that you may be entitled to receive:
1. Compensatory Damages
These damages aim to compensate you for the losses or harm incurred due to the accident. This can include medical expenses, loss of wages, property damage, and pain and suffering.
2. Punitive Damages
In rare cases where the at-fault driver’s behavior was exceptionally reckless or egregious (in legally punishable aspects), a court may award punitive damages as punishment and deterrence.
Time Limits in Filing A Personal Injury Claim
It’s important to file your personal injury claim within the designated time frame set by your state laws. Note that the statute of limitations applies differently from state to state. In most cases, the time limit is two years from the collision date. It’s wise to act promptly when filing a claim. Few circumstances justify waiting until more than a year after an auto collision before seeking legal counsel.
Filing Claims with Insurance Companies
It is common for insurance adjusters for all parties to assess the claims and verify facts. The investigation process aims to establish fault, as mentioned in the police reports, drawings of the scene, measurement, witness accounts, electronic road monitoring, etc.
While it might be easier on your part if insurance handles everything smoothly, they’re primarily looking out for how their company would pay less money (fewer payouts). It recommended hiring legal assistance-insurance agents to protect their interests first-hand, without considering yours fully.
Hiring A Personal Injury Lawyer
If you have suffered, severe injuries or the at-fault driver’s insurer is uncooperative in compensating for your losses, seeking legal counsel can be pretty beneficial.
Personal injury attorneys specialize in representing clients in auto accident cases and will help you navigate the complex world of personal injury law. By hiring an attorney, you’ll have someone to handle all negotiations with insurance companies and ensure you receive fair compensation. Moreover, many lawyers work on a contingency fee basis, which means they get paid when the settlement is won.
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