Whether you have been in a car accident or are considering hiring a car accident personal injury lawyer, there are a number of important questions to consider. These questions include whether you can sue the other driver, how much you can recover, and what are the common defenses to filing a lawsuit.
Damages you can recover
Whether you were injured in a car accident or lost a loved one in a fatal collision, you may be able to receive financial compensation. This is called damages. The type of damages you can claim depends on the severity of your losses and the fault of the other party. You can also recover noneconomic damages, which include emotional distress.
Economic damages are the most common type of compensation you can receive. These include medical expenses, lost wages, and property damage. A car accident personal injury lawyer can help you determine how much you are entitled to and how much money your injuries have cost you.
Pain and suffering is another type of damages you can receive. This is a type of compensation that covers difficult to quantify losses. The amount of compensation you receive will be based on a number of factors, including your age, the severity of your injuries, and the potential for future consequences.
If you suffered from a severe injury, you may have to take time off of work to recover. This can result in lost income and expenses for home maintenance and childcare.
You may also be able to recover damages from your employer's insurance policy. Employers have extensive insurance policies, and a skilled attorney can help you negotiate with your employer.
In addition to damages, you may be entitled to punitive damages. This is a type of compensation that is intended to punish the responsible party for reckless behavior. In some states, the amount of punitive damages is capped. In other states, the amount of money you can receive is based on your individual consequences.
Depending on the specifics of your case, you may be able to recover damages in a settlement or through a lawsuit. The law may require that you take the other driver's insurance information, so it is a good idea to get their contact information.
You may also be able to receive compensation from personal assets. These are items that you own, such as clothing, jewelry, and a car. This may be a more effective method of pursuing compensation if your losses are significant.
Common causes of car accidents
Among the common causes of car accidents are driving under the influence of alcohol, aggressive driving, speeding and drowsy driving. These factors can contribute to severe and fatal car accidents. These factors should be avoided as much as possible.
Despite all of the laws in place, there are still drivers that speed. Speeding is the most common cause of traffic injuries and fatal accidents. Speeding causes cars to lose control and speeding drivers are often in a hurry.
Running a red light is another common cause of car accidents. Drivers often run red lights because they are in a hurry and they do not see the light. Drivers who run red lights can face fines and jail time. If you see a driver running a red light, make sure that they stop and obey the light.
Tire blowouts are another common cause of car accidents. Tire blowouts can occur when the tread wears down or when the tire leaks. When a tire blowout occurs, a car can veer off the road and hit other vehicles.
Bad weather is also a common cause of car accidents. Drivers should always drive carefully in rain, sleet, snow and ice. These factors can make the road slick and cause a car to spin out of control.
Drivers should also pay attention to signs on the road. They should use the correct lane and drive in the right direction. Occasionally, a driver may have to change lanes to make a turn. Drivers should obey all of the signs and not change lanes without looking.
Improper lane changes are also a common cause of car accidents. When making a turn, drivers should change lanes to avoid getting into an accident. Drivers should also pay attention to blind spots. They should also use turn signals when changing lanes.
Other common causes of car accidents include road rage, aggressive driving and driving under the influence of drugs or alcohol. Many drivers who have these issues are impatient and frustrated by traffic conditions. Drivers who drive under the influence of alcohol are responsible for 31 percent of traffic fatalities.
Common defenses to filing a lawsuit
Defendants in car accident cases often use legal defenses to minimize their liability. These defenses can limit your compensation, bar your case, or limit the damages you may be able to collect. You will need an experienced injury attorney to help you navigate these legal defenses.
Comparative negligence is a legal concept that defendants can use to reduce your compensation. You may be able to recover damages even if you were partially at fault for the accident.
The statute of limitations is a law that limits the amount of time you have to file a legal action. If you file a lawsuit more than two years after the accident, it may be dismissed. The statute of limitations is a common defense in car accident cases.
The assumption of risk is a legal defense that states that you were aware of the risks of the activity you were engaged in. You may have waited too long to file a lawsuit, but the defense argues that you were aware of the risks and still chose to participate.
The release agreement defense is another common defense. In this defense, a business will ask consumers to sign a waiver of risk. The insurance company may also raise this defense in your case.
Another common defense is the assumption of the risk. A plaintiff who knew of the risks and chose to take part in the activity may be able to sue the business for negligence.
There are many other factors to consider when deciding what type of damages you will receive. These damages may include pain and suffering, non-economic damages, and future medical expenses. You may also be able to recover past and future lost wages.
You should always act as quickly as possible after an auto accident. Taking longer may hinder your access to evidence and make your recovery harder. You should contact a qualified personal injury attorney as soon as possible to discuss your options. The sooner you act, the easier it will be to get the compensation you need to recover from your injuries.
Whether you can sue the other driver
Whether you can sue the other driver after a car accident depends on several factors. The first factor is whether the other driver's insurance company will offer a fair settlement. If the other driver's insurance company does not offer a fair settlement, it may be in your best interest to sue the other driver personally.
In most no-fault states, a person injured in a car accident can sue the other driver for serious damages, medical treatment, loss of income, and property damage. Some states award damages in proportion to each party's percentage of negligence.
If you don't know whether you can sue the other driver after crashing your car, you should call your local car accident attorney. They will review your case and decide whether to take it to court or to negotiate with the other driver's insurance company. If you have a strong case, it may be worth it to go to court. But if your case isn't strong, you may end up with a lowball settlement offer.
If you do decide to sue the other driver after a car crash, you should be prepared for a lengthy and time-consuming process. You will have to prove that the other driver caused the accident, and that the other driver's negligence caused the injuries you sustained.
Another factor to consider is how much money you'll need to cover medical expenses. This can vary depending on the severity of the accident and whether you need to seek medical care at a hospital or a doctor's office. You should also consider the costs of repairing or replacing your vehicle. You'll also have to cover any lost wages.
You may also decide to sue the other driver personally if you don't have car insurance. However, this isn't always a good idea. Depending on the state you live in, you may not be able to sue the other driver at all.
You also may want to consider suing the other driver if you received a traffic ticket after the accident. This doesn't mean you're at fault for the crash, but it can take away your ability to sue in the future.