Car Accidents Compensation / Process
Determining who is at fault and whether negligence played a role in an auto accident can be very complicated. Even more so, determining the level of compensation can be extremely difficult, especially in cases where the extent of the injuries may have uncertain and lasting effects on the victim and require ongoing medical care, such as traumatic brain injury and or spinal cord injury. This is why a number of individuals decide to hire a qualified car accident lawyer who has a proven track record of winning car accident cases.
During the trial and negotiations with the other party's insurance company, the attorney will prove negligence by presenting facts and evidence from the police report, eyewitnesses, photographs, sketches of the crash and/or expert testimony.
After successfully establishing negligence as the cause of car accident, the attorney will evaluate the damages and ask for compensation that is adequate enough to recover most of the loss suffered by the victim. The most common types of damages sought during personal injury lawsuits are:
- Property repairs
- Current and future physical pain
- Mental anguish
- Disfigurement and/or physical impairment
- Loss of consortium
- Loss of household services
- Loss of past, current and future income
- Loss of future earning capability
- All past, current and future medical expenses, including physical therapy and rehabilitation
- Punitive damages (in some cases)
Punitive damages refer to compensation that is added onto the value of the injury and/or property damages. Punitive damages are determined by a judge and/or a jury and are not meant to reward the victim, but to punish the offender for reckless and/or heinous behavior or conduct. Such damages are common in cases involving criminal behavior, including hit and run accidents and driving under the influence. In such cases, the defendant faces additional criminal charges and may be represented by a criminal or a DUI lawyer.
What can be recovered and by when varies from one state to another. The statute of limitations law is an extremely important part of a car accident claim because it dictates the maximum amount of time during which a lawsuit may be filed. If the plaintiff fails to file a lawsuit during a certain period of time, the plaintiff losses his/her legal rights to compensation and damages for pain and suffering. The statute of limitations is especially important in personal injury cases, including car accidents, boating accidents, trucking accidents and similar accidents because it varies from one to six years, depending on that state's laws.
Additional laws that could limit your compensation and that you may not be aware of could be exercised in your state. Likewise, laws that could further protect you and maximize your level of compensation may also be outlined in your state's car accident liability laws. This is one of the many reasons why it is essential for car accident victims to first contact an experienced auto accident lawyer before agreeing on any kind of settlement offered by the defendant and his/her insurance company.