You might be thinking whether you have a strong case to file a claim for medical expenses, punitive and property damage after a car accident of any kind. To determine your chances of obtaining a settlement after a vehicle accident, it is important to be familiar with the factors that often determine the outcome of such cases.
Is There Still Time to File a Lawsuit?
The validity of your right to sue over an automobile accident that occurred many weeks or months ago will not be a problem. However, you must determine the applicability of your state’s statute of limitations to any prospective claim if at least one year has elapsed after the accident. The statute of limitations for bringing a case is quite short under these statutes.
Although some jurisdictions have a shorter timeframe of one year from the date of the accident, most states have a deadline of two or three years. If your lawsuit is not filed within the specified period, you will permanently lose the ability to pursue legal action unless an exceptional circumstance arises that extends the deadline.
Can You Rely on Your Insurance to Pay Your Claims?
The existence of an insurance policy that would pay your damages is a crucial consideration in determining the feasibility of a claim, regardless of the details of your vehicle accident. Does the negligent motorist have insurance? Does the policy’s coverage adequately address the costs of medical payments, missed paychecks, car damage, and any other damages that may have resulted from the accident? In such instances, the odds of your case winning are much higher.
It will be difficult to obtain damages from an uninsured motorist, even if it is clear that the other motorist was at fault.
Types of Damages Eligible For Compensation
Medical Costs
Injuries sustained in car accidents may range from very minor (such as scrapes and bruises) to catastrophic (such as paralysis or a lifelong impairment). Major harm may not be immediately apparent or may need ongoing medical attention. A comprehensive medical evaluation is essential in the aftermath of a vehicle accident.
Your personal injury lawyer will determine the probable expenses of any further medical care or therapy your doctor thinks you may require and include them in the compensation offer. Expert witnesses like physicians and other medical specialists might be consul to aid with these estimations.
If one driver is responsible for another driver’s death, the victim’s family may be entitled to sue for wrongful death and medical expenses up to the point of the victim’s passing.
Loss of Love
An injury may make it difficult, if not impossible, for married couples to engage in sexual intercourse or other forms of physical display of love. The phrase for this in the law is “loss of consortium.” The non-victim spouse asserts a claim for consortium, companionship, and/or loss of love, as opposed to other damages. If you cannot collect damages from your injuries, then you will not be able to recover the damages.
The family of a deceased driver can seek compensation for their loss of social support and companionship if the driver’s injuries prevent him from returning to the road.
Sufferings
These damages may range from mild to severe, depending on the nature of the injury, the extent of the pain experienced, and the likelihood of more discomfort in the future. In addition to physical pain, mental agony and emotional harm (such as worry or anxiety) caused by the occurrence might also be considered pain and suffering. For a general loss of pleasure of life, plaintiffs in certain states may claim pain and suffering damages.
The states do not uniformly award compensation for emotional distress. Some jurors just have to take it as a given that any physical harm must inevitably cause some degree of pain and suffering. To make such a claim, some people must have been aware of the injury for some time.
Punitive Damages
In some jurisdictions, these might be offered to the victim if the negligent or malicious driver’s actions can be substantiated. The purpose of punitive damages is to hold the perpetrator accountable for their actions. Not all states will provide full compensation for this claim. Punitive penalties in Louisiana, for instance, cannot exceed 10 times the amount awarded to victims for compensatory damages, whichever is higher.
Damages to Property
In most cases, after filing an insurance claim, the party responsible for the accident will pay for the repairs to the damaged property. The damage amount is often equal to the disparity between the pre- and post-accident values of the vehicle. The time restriction for submitting claims varies from state to state. The other driver’s insurance provider should be notified without delay. Legal counsel from an automobile accident lawyer might suggest your options for recouping damages.
Lost Income
Injuries sustained in a vehicle accident can render you unable to work for an extended period of time. Based on your prior earnings, you need to show that the injuries have reduced your future earning potential.
Conclusion
Talk to the lawyers at Maine Car Accident Lawyer if you have experienced a vehicle accident. With the support of our attorneys, you and your loved ones may pursue the recompense you rightfully deserve. For a free consultation, please call (337) 541-0769.
About the Author
