Getting involved in a car accident can be a traumatic experience, especially if you suffer injuries because of it. Car accidents happen for various reasons, but one of the leading causes is speeding. Speeding contributes to 26 percent of all traffic fatalities, according to the National Highway Traffic Safety Administration (NHTSA). If you were injured in a car accident caused by a speeding driver, you might wonder if you’re eligible to file a personal injury claim against them. This article will answer this question and provide some key insights about personal injury claims after a car accident.
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What Is Personal Injury Claim?
A personal injury claim is a legal action you can take against someone whose negligence or intentional wrongdoing caused harm to you. It’s a civil lawsuit seeking compensation for damages suffered due to the defendant’s actions. A personal injury claim can cover a wide range of damages, including medical expenses, lost income, property damage, emotional distress, and pain and suffering.
Proving Liability In A Car Accident
To recover damages in a personal injury claim, you must prove that the other driver was liable for the accident. Liability means that the other driver was at fault and caused the accident. In a car accident caused by speeding, you’d need to show that the other driver was driving over the speed limit and that it led to the accident. Speeding is a form of negligent driving that puts other drivers on the road at risk of harm.
It’s crucial to gather evidence to support your claim of liability. Evidence may include the police report, witness statements, photos and videos of the accident scene, and any traffic citations the speeding driver may have received. An experienced personal injury attorney can help you gather the necessary evidence and build a strong case.
Recoverable Damages In A Personal Injury Claim
If you can prove liability, you may be entitled to recover a variety of damages in a personal injury claim. These damages may include:
Medical Expenses
You can recover the cost of medical treatment related to your injuries resulting from the accident. This may include emergency care, hospitalization, surgery, doctors’ visits, prescription medication, and physical therapy.
Lost Income
If your injuries caused you to miss work and lose wages, you can seek compensation for lost income. You may also be eligible to recover future lost income if your injuries leave you unable to work in the future.
Property Damage
If your car or any other personal property was damaged in the accident, you can seek compensation for the cost of repairs or replacement.
Pain And Suffering
You may also be able to recover damages for pain and suffering resulting from your injuries. This includes physical pain, emotional distress, and lost enjoyment of life.
Statute Of Limitations
It’s important to note that there is a time limit to file a personal injury claim after a car accident. This time limit is known as the statute of limitations. The statute of limitations varies from state to state, but it usually ranges from one to five years. Therefore, it’s crucial to consult with an experienced personal injury attorney as soon as possible after your accident to ensure you meet all filing deadlines.
Conclusion
If you were injured in a car accident caused by a speeding driver, you may be eligible to file a personal injury claim against them. Personal injury claims can help you recover damages resulting from your injuries, including medical expenses, lost income, property damage, and pain and suffering. However, it’s essential to gather evidence and prove liability to succeed in a personal injury claim. An experienced personal injury attorney can guide you through the process and maximize your chances of obtaining compensation. Remember to file your claim before the statute of limitations expires to avoid losing your right to seek compensation.