Steven A. Bagen | August 23, 2024 | Car Accidents
A car accident may result in several forms of economic and non-economic damage to a victim. Those who have suffered as a result of another driver’s mistakes might file a lawsuit against responsible parties, depending on their situation. If you suffered injuries in a crash, always discuss your legal options with a Gainesville car accident lawyer today.
You Are Entitled to Sue
In general, you are entitled to sue a driver who caused you injuries in a traffic collision. Calling a lawyer can be the best solution for most drivers after their accident takes place, as a car accident attorney will evaluate your specific rights.
While an attorney is always beneficial, you should especially seek legal counsel if any of the following conditions apply:
- The other driver was uninsured.
- The accident was a hit and run.
- The coverage on the paying policy is lower than the cost of damages incurred.
- The insurance company offers an unfair settlement — which is common.
- The accident victim’s insurance claim is rejected for any reason.
You Must Have Evidence to Prove a Successful Lawsuit
To successfully sue a liable driver, you must provide evidence of their negligence. Negligence might include:
- Distracted driving
- Impaired driving
- Speeding
- Aggressive driving
- Failure to yield
- Violating other traffic laws
Your Gainesville car accident lawyer will understand the different forms of evidence necessary to prove the driver’s negligence and liability.
Further, your car accident lawyer will need evidence to support the compensation you seek, including your economic and non-economic damages.
Police Reports
A police report filed immediately after the accident can help your auto accident lawyer prove the other driver was at fault. The police will document the accident, which charts a timeline of events, any witness statements, and the physical description of the scene or damaged property. They will document whether they issued tickets to or arrested the other driver.
Filing a police report arms legal professionals with another weapon to fight your case. Even if a police report might not be submitted as direct evidence at trial, it can be persuasive and your attorney can use it in tandem with an officer’s testimony.
Eyewitness Testimony
Eyewitnesses can be the key to deciding who was at fault and help corroborate your version of events. It is typical to ask for willing eyewitnesses for their contact details right away so a lawyer can collect their testimonies.
Other drivers or pedestrians who saw what happened can provide crucial, firsthand details, including a timeline of events, the actions taken by the defendant, and other pertinent observations. A car accident attorney will use this information in the lawsuit to win damages.
Videos or Photographs
Any visual records of the accident or its aftermath, such as front or rear dashcam footage or photos and video of the accident scene, will assist a car accident case. Footage can demonstrate how the collision happened and might clearly show who was to blame. It’s also critical to show the accident’s seriousness and subsequent vehicle damage.
Road conditions, nearby traffic signs or lights, and skid marks are important visual indicators of the other party’s negligence. Copies of firsthand visual records make winning a lawsuit more likely for your car accident lawyer.
Surveillance Footage and Cell Phone Records
The cell phone age means many drivers are distracted. If a negligent driver used their phone at the time of the accident, a car accident attorney can subpoena these records. Cell phone records will show a timeline of user activity crucial to helping them win damages.
Furthermore, if the accident occurs near business premises or some public areas such as busy intersections, surveillance cameras may hold evidence. It may be tricky to prove a driver’s actions leading to a collision. Therefore, consulting local businesses or city officials for camera records can help accident attorneys prove a defendant’s liability.
Medical Bills and Records
You should always seek medical attention immediately following a crash. You should keep up with your treatment plan in the weeks and months following the accident, both for your health and your legal claim.
Official copies of medical records, such as x-rays, diagnostic reviews, or other doctors’ notes, will allow your attorney to establish some of the major injury-related damages you incurred.
Does Every Car Accident Case Require a Lawsuit?
Not every car accident needs a lawsuit, as many successfully resolve with a favorable insurance settlement. However, even claims that don’t need litigation will still require an experienced car accident lawyer in their corner. Insurance companies will not treat claimants the same when they do not have legal representation, and many car accident victims are taken advantage of without a lawyer.
Insurance Claims Come First
Filing an insurance claim is normally the first step following a crash. When your attorney identifies that another driver should be liable, they can pursue a claim against that driver’s insurance seeking compensation for your losses. In a no-fault state, you might have to file a claim with your own PIP coverage before pursuing a third-party claim for serious injuries.
Your Gainesville car accident lawyer will handle the entire insurance claim process, filing the proper claims with the right companies, and presenting evidence to negotiate a fair settlement for your losses. Insurance companies usually begin with a lowball offer, but the right attorney can continue to fight for the full compensation you deserve for:
- Medical expenses
- Lost income
- Pain and suffering
Many insurance companies come around and make a fair offer through negotiations with your car accident attorney. You can accept the offer and resolve your case, eliminating the need for a lawsuit.
However, some insurers will never offer enough to cover your losses, which requires your attorney to escalate the matter to court.
Why You Need An Experienced Litigator
Most car accident cases do not go to court. However, there is always a chance insurance companies will not do what they should. You need an attorney ready to do what it takes to get full compensation, including pursuing litigation.
An experienced car accident litigator has a deep understanding of the law and the rules of civil court procedures. Car accident lawyers will identify the legal causes of action, know the laws to apply, and more throughout the process.
Injury lawsuits are more complicated than many people might expect, so having the right litigator is necessary in case your claim requires a lawsuit.
What Compensation Can You Seek in a Car Accident Lawsuit?
When you file a lawsuit, you seek legal damages. Damages refer to compensation for injuries or other losses incurred after an accident and injuries. These fall into two categories: economic and non-economic damages. Your Gainesville car accident lawyer will calculate your full damages, so you know what you should demand in your lawsuit.
Economic Damages
Medical Expenses – The cost of hospital or rehabilitation care in the United States can be astronomical, depending on the insurance provided and the state’s policies. Short or long-term medical expenses can be severe.
Estimated Future Medical Costs – If you will continue to need medical care following the conclusion of your lawsuit, your attorney can request compensation for the estimated cost of future treatment. This usually requires medical expert analysis.
Past and Future Lost Income – Many injuries cause limitations that prevent you from working, whether for a short time or permanently. You need a lawyer to seek compensation for the income you did not earn as a result of another party’s actions. Long-term recovery from a catastrophic injury could put you out of work for months or even years.
Property Damage – Moreover, you may have a damaged vehicle that might require thousands of dollars in repairs or might be totaled. Your car accident lawyer should include the costs of repairs or replacement in your lawsuit.
Non-Economic Damages
Non-economic damages are harder to define than economic damages and may be more subjective. Your attorney can provide evidence to prove the value of your non-economic losses, including:
- Pain and suffering. Injuries can have varying intangible effects on car accident victims. You might experience physical pain, mental pain, emotional suffering, and more. These effects are difficult to accurately express and calculate, but the right car accident attorney will have methods to do so.
- Diminished quality of life. The emotional distress caused by an accident can be hard to measure on appearance only. Injuries or disfigurement often create a less tolerable life for some. Losing the hobbies or activities you once loved can have a crippling effect on happiness.
- Emotional Distress. The post-traumatic stress of someone injuring you or pushing you close to death can have long-lasting negative consequences. Facing punishing pain or injury takes its toll on your mental health. Losing any of your physical or mental faculties deserves the best compensation possible.
- Loss of Personal Connection. The aftermath of a bad traffic accident can create devastating family-based setbacks. For example, you may find playing with young children or being intimate with your partner difficult. This kind of personal distress can win damages in an accident lawsuit.
- Disfigurement or Disability. In certain situations, the injury sustained by another motorist can affect your permanent physical appearance or abilities. Though one cannot put a price on confidence, pride, or psychological wellness, a lawyer will seek non-economic damages for this tragic outcome.
If You Lost a Close Family Member in a Crash, You Can Sue for Wrongful Death
Making a Claim on Someone’s Behalf
Though an injured person can claim personal injury damages, a deceased person cannot. Wrongful death law allows someone to make that claim on their behalf and seek compensation for the losses of the surviving family.
Immediate Family or Estate Representatives
In general, eligible members for a wrongful death lawsuit are spouses and immediate family members, such as children or parents. Distant relatives usually have no right to make a wrongful death claim; however, a deceased’s personal representative may do so.
Wrongful Death Time Restraints
Each state has a statute of limitations on the amount of time you have to make a claim. Those suing for wrongful death must seek an attorney to initiate their claim before this deadline expires. The length of time varies from state to state, so checking on the state where the accident took place is necessary for this option.
States also have different policies on the types and limits of a wrongful death claim. Speaking to a car accident lawyer will protect your legal rights and ensure you pursue the best course of action for your wrongful death lawsuit.
When Can You Sue for Wrongful Death after a Car Crash?
There are several instances when your attorney can seek damages for wrongful death. The following are all accepted forms of wrongful death compensation:
- Medical bills
- Burial expense
- Funeral costs
- Lost future earnings for surviving family members
- Lost parental supervision or guidance
- Punitive sanctions in the event of malicious intent
Other determinants may affect the financial damages awarded for wrongful death in a car accident. Such factors may involve:
- The state’s law on who qualifies
- The age of the deceased
- Their predicted future income
Furthermore, the deceased claimant may have been unmarried, which means their surviving parents would be the claim’s beneficiaries. While nothing can replace a lost child, a car accident lawyer can help parents focus on grieving during a painful time.
Evidence Needed to Prove a Car Accident Wrongful Death Lawsuit
Like other cases, wrongful death lawsuits rely on lawyers presenting evidence that the defendant did the following:
- They directly or indirectly caused the death of a family member or loved one.
- They were at fault in any way for the accident by acting carelessly or wrongfully with their driving.
- They caused the loss of a spouse survived by a spouse, children, or other dependents.
- They caused the car accident leading to your financial loss as a result of a deceased loved one.
Consult a Car Accident Attorney Now About Your Options
If you have suffered injuries in a car accident, you might deserve significant compensation, depending on your situation. By speaking to a Gainesville car accident lawyer immediately, you increase your chances of obtaining full financial recovery, either through an insurance settlement or a lawsuit.