What Kind of Damages Can I Claim If I’m In a Car Accident?
January 14, 2019 | Car Accidents
If you are in a car accident, there are several types of damages that you may be eligible to recover. If you suffered personal injuries or damage to your vehicle, you may be eligible to recover compensation for your losses. Your car accident lawyer will examine the evidence from your case, create a plan to use this evidence to your case’s advantage, and negotiate for the maximum amount of compensation that your car accident may be entitled to.
What Kind of Evidence Should I Collect After I’m in a Car Accident?
It’s vital to the outcome of your car accident claim to gather evidence right after an accident happens. Collecting evidence allows details to be preserved from the accident such as:
- What happened in the accident
- When the accident happened
- Where the crash occurred
- Who was involved in the accident
- Who is at fault for the accident?
It’s essential to call the police after an accident happens and have a police report filed that will include all these details. It can be worth it to collect your own evidence or information from the accident too, but if your injuries prevent you from doing so, send a family member or loved one to do so for you. The more information that your car accident lawyer has at their disposal for your case, the more impactful your insurance claim will be and the more compensation your claim you will be eligible to recover.
How Do I Know What Kind of Damages I Can Claim If I’m in a Car Accident?
Car accidents can be overwhelming and confusing to deal with, but your lawyer can help you decide what damages to claim for your car accident. If the other driver was at fault in the accident and you suffered injuries or damage to your vehicle, you could be eligible to recover a number of damages.
- If you were injured in the accident, you could claim medical expenses such as ambulance fees, cost of treatment, medical bills, therapy fees, cost of medication, and the amount of any medical accessories that you had to pay for out-of-pocket for your injuries
- Car accidents can be emotionally painful for everyone involved. If you experience any mental or physical distress after an accident, you could be eligible to recover pain and suffering damages in your claim against the at-fault driver
- If you had to pay for repairs for your vehicle that was damaged in the car accident or for a rental car while your car was in the shop, you could be eligible to recover any of these out-of-pocket expenses. It’s important to hold onto all receipts or invoices that accompany out-of-pocket expenses that are made on behalf of your car accident for proof of purchase
- If your injuries from the car accident are serious or severe, you may experience lost wages. If you are unable to work because of your injuries from the accident, you could be eligible to recover any lost wages that occurred because of the accident
- If your injuries are serious and have started to affect your relationship with your spouse or children, your spouse can claim loss of consortium damages, or loss of affection, for your family’s suffering because of your injuries
If I’m Partially At Fault for a Car Accident Can I Still Claim Damages?
Traffic laws vary in each state in the U.S. In some at-fault states that follow the negligence rule of pure comparative fault, both parties involved in an accident may be eligible to recover a percentage of damages from the accident if they are both partially at fault. Each driver will be assigned a percentage of responsibility for the accident and be eligible to recover damages that are based on their percentage of fault. The more fault one has in the accident, the less money they’ll receive for compensation.
In other states such as those that are no-fault states, it can be more difficult to recover damages. Most no-fault states require drivers to carry their own insurance. In no-fault states, even if you aren’t at fault for an accident you’re involved in, you can’t sue the other driver for damages. All claims are made against your own insurance policy, and if you don’t have insurance, you’ll have to pay completely out-of-pocket for damages from the accident. Some no-fault states follow a threshold rule that states that if someone is involved in a car accident and their damages surpass a certain amount, then they can sue the at-fault party for the excess amount of damages. The amount below the threshold will be recovered by their personal insurance policy.
Why Should I Speak with a Car Accident Lawyer About My Case?
If you’ve sustained injuries or damages in a car accident, it’s essential to speak with your car accident lawyer about your right to recover damages. Keep in mind, not all cases will be eligible to recover compensation, but your lawyer will be able to let you know if you are. If you are eligible to recover damages, your lawyer will help you decide which damages to claim, how much to claim for them, and assist you with writing a demand letter detailing all of this that will accompany your insurance claim. Your lawyer will then use this demand letter when negotiating with the negligent party’s insurance agent and do everything in their power to recover the most in compensation for your car accident claim. If you need a lawyer that will fight for your case, contact the Dixon Injury Firm today and schedule a free consultation with our car accident attorneys.