Personal Injury Attorney Advice In The Event of an Accident

By Anthony M. Flores

If you're in a car accident, you can file a personal injury lawsuit. The most important part of winning a personal injury case is proving that your event qualifies as one. As you drive, you are held responsible for driving in a way that obeys all traffic laws and prevents collisions with other cards, keeping your personal vehicle under control at all times. As such, if you were driving, the accident is often your fault. For the most part, damages are taken care of by the car insurance firm.

But there are other instances where circumstances dictate that others may have been negligent to cause your accident. So maybe the road was unsafe, or not kept up properly. Then the state, city, or municipality may be liable for the harm it caused. Or maybe the proper signage wasnt kept up, or was difficult to read; again whoever is responsible for the maintenance of those items may be liable.

You could even blame a problem with the car itself for your accident. If this is the case, you could hold the car manufacturer, or the most recent repair shop you went to, at fault. Do what you can to see if anyone was negligible when dealing with the circumstances of your accident; this can be hard to do, but having a precedent in your area of a similar case going in your favor can help you.

You will be able to get as much recovery as the law allows. The point of this is that your compensation should be enough for you to feel complete again. This is called compensatory damages. The idea is to return you to the same position you had prior to the accident. The law acknowledges that your losses can take a variety of forms. While injured you may lose wages. You might have medical fees. You can have suffering, or pain and suffering. The accident can disfigure or scar you. You may not be able to work or earn money. You might not be able to be intimate with your spouse, this is called loss of consortium.

In cases where injury was the result of another person's irresponsible actions, you can collect "punitive damages". These are also applicable to cases where injury is the result of a defective product; that is, something that made the car a hazard and could have been fixed but was not. This compensation is offered in addition to the regular compensatory damages already mentioned.

Some states have "no fault" laws that limit damage collection to "economic only" recovery. This means that they don't allow collection of "punitive damages". You might only be able to collect for actual wages lost, damaged property, and medical expenses. In some states, there is a limit on pain and suffering damages and in others they can not be recovered. You should consult with an attorney to find out about your case and rights. Confirm whether or not you are in a "no fault" state. - 31397

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