After you have been in a car accident, you probably have a lot of questions. You may need to speak to an attorney in order for you to find answers to these questions. If you need help you should contact an experienced personal injury attorney.
What is a Tort?
In the unfortunate event that you find yourself in a car accident, you may begin to wonder whether you have legal rights. Seeking legal remedies may be the only way for you to receive compensation for your injuries.
The first question you probably have is what is a tort. A tort is a wrong doing recognized by law as grounds for a lawsuit. There are many different torts, but the one that you should know if you have been in a car accident is negligence.
What is Negligence?
As discussed in the previous section of this article, negligence is a tort. Negligence is a cause of action that you can use in a lawsuit. Negligence has four elements.
In order to recover under a negligence theory you must prove four elements.
First, you must prove that the other driver owed you a duty.
Next, you must prove that the other driver breached that duty.
Third, the breach of duty must have been the cause of your injury.
Lastly, you must prove that you suffered damages.
The standard of proof in a negligence case is a preponderance of the evidence. Preponderance of the evidence means more likely than not. If you fail to prove any of these elements, you will not be able to recover any damages from the other driver.
What is the Likelihood of my Case Going to Trial?
The reality of the American Court system is that many cases do not go to trial. The important thing to keep in mind is that you need to hire an attorney that is willing to go to trial if it is in your best interest.
Sometimes settling a case out of court is best for your case.
However, sometimes the other side refuses to offer a reasonable amount of compensation you may need to go to trial.
Should I recover Damages from the Other Driver?
As discussed previously, you can recover damages from a defendant (or the defendant’s insurance carrier) in a civil case if you prove that they are negligent. It is important for you to hire an experienced personal injury attorney because experienced attorneys know how to best present your case in the courtroom.
Of course, it is impossible for an attorney to promise that you will recover in your lawsuit, but experience helps ensure that your case reaches the best outcome possible.
What Are Compensatory Damages?
The courtroom is an unfamiliar setting for many Americans. Terms like compensatory damages often confuse victims that have been in a car accident.
Compensatory damages are designed to compensate the plaintiff for the plaintiff’s out of pocket expenses.
This includes ambulance rides, medications, therapy costs, and other medical bills. You can also recover for non-medical costs. This includes lost wages, and cost of childcare.
What Different Bodily Injuries Can I Recover For?
There are many different types of bodily damages that you can recover for in a personal injury case.
You can recover for broken bones, or fractured bones.
You can also recover for stress, anxiety, muscle pain, joint pain. It is likely that you can recover from any type of injury that you suffer from as a result of a car accident.
Also, note that you may be able to recover if you receive a scar as a result of the accident. This could be in the form of pain and suffering damages.
Why is Whiplash Misunderstood?
Sometimes whiplash is associated with fraud.
People accuse plaintiffs of lying about suffering from whiplash.
However, many plaintiffs actually suffer from whiplash after car accidents. It may actually be one of the most common injuries.
Whiplash often does not appear right away. Meaning that the symptoms of whiplash can appear days or even weeks after a car accident. Due to the fact that whiplash can appear weeks after an accident many people think that those who are victims of whiplash are lying about their symptoms.
What is the Best Way to Document Whiplash for my Case?
The best thing that you can do to prove whiplash is to visit a doctor. Many people do not go to a doctor after they have been in a car accident. You should visit a specialist if necessary.
In addition, you should document your symptoms in some sort of journal.
How do I prove Property Damages?
After you have been in a car accident you should start collecting information that illustrates the extent of your property damage. Take your car to a mechanic and get an estimate for damages.
You are better off getting multiple estimates so that the other side will not be able argue that your estimate is too high.
What should I do if I think that the depreciated value of my vehicle is worth less than I believe my vehicle is worth?
As discussed above, you should get multiple estimates that show how much your vehicle is worth. The other side will always try to give you lower amount of damages than what you deserve.
Can property damage claim be settled outside of the personal injury claim?
Any part of your claim can be settled out of court.
This means that the property damage part of your case can be settled outside of court and your personal injury case can still proceed to trial. Your attorney can explain this process to you if you have any questions.
Should Certain People like Athletes be Expected to have a Higher Pain Threshold?
No one is expected to have a high threshold for pain. Someone may attempt to argue this in court. If this happens to you then you should hire an experienced personal injury attorney to represent you.
Contact the lawyers at Hutchison & Stoy if you have any questions about this article.
The Warriors For Justice fight for their clients to receive adequate compensation for their injuries.
We offer free case consultations for individuals who are seeking to speak to an attorney about what their legal rights are in the aftermath of a car accident. We are here to help, and we are happy to do so.