If you find yourself involved in a car accident, the experience can be traumatic and it’s not uncommon to feel overwhelmed. Physical injuries, damage to property, medical bills and lost wages are just a few of the issues that arise after an accident. Furthermore, you have to navigate the complexities of a legal system that deals with car accident cases.
Personal injury law covers a range of accident-related issues, including car accidents. Personal injury law seeks to compensate victims for their losses incurred as a result of the accident. This article aims to help you understand the different elements of personal injury law in car accident cases.
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What is Personal Injury Law?
Personal injury law is the area of law that deals with injuries suffered by individuals due to the negligence or intentional conduct of others. In car accident cases, personal injury law comes into play when someone is injured due to the negligent actions of another driver.
Personal injury law enables injured individuals to seek compensation for the losses which result from someone else’s negligence. "Losses" in personal injury cases include both financial and non-financial harm.
Negligence in Car Accident Cases
Negligence is the foundation of any personal injury claim. Negligence refers to someone else’s failure to use reasonable care in a given situation. In car accident cases, a driver can be found negligent if they failed to exercise reasonable care, which resulted in an accident.
Examples of negligent driving behaviors include distracted driving, speeding, running stop signs or red lights, driving under the influence of drugs or alcohol. If a driver has acted negligently and caused an accident that resulted in your injury, you may have grounds for a personal injury claim.
Proving Negligence
To win a personal injury claim, you need to prove that the other driver was negligent. Proving negligence typically involves showing that the other driver had a duty of care, that the duty was breached, and that the breach caused your injuries. In other words, you need to show that the other driver was careless, and that carelessness led to an accident that caused your injuries.
Damages in Car Accident Cases
The damages that you can recover in a personal injury claim will depend on the severity of your injuries, your medical expenses, lost income, and other losses incurred due to the accident. Damages in car accidents can be divided into two categories: economic and non-economic.
Economic Damages
Economic damages refer to the actual monetary losses that you suffered as a direct result of the accident. These typically include expenses like:
- Medical bills
- Lost wages
- Property damage
Non-Economic Damages
Non-economic damages, on the other hand, refer to the intangible harm, which can be harder to quantify. These damages may include:
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
Statute of Limitations
Statutes of limitations are set up in personal injury law cases to protect legal rights for potential claimants. These statutes dictate how much time you have to file a claim after an accident. In most states, the statute of limitations for car accidents is two years from the date of the accident.
If you miss the deadline to file a claim, you will lose your right to seek compensation for your injuries. This is why it is vital to act fast after an accident.
Personal Injury Lawyer
If you have been injured in a car accident, it is a good idea to contact a personal injury lawyer. A personal injury lawyer can help you navigate the legal system and provide legal counsel and representation.
A personal injury lawyer can also help you gather evidence to prove the other driver’s negligence and build a strong case to secure maximum compensation for your damages. Hiring a personal injury lawyer takes off much of the stress and, more importantly, increases your chances of winning your case.
Final Thoughts
Car accidents can be incredibly disruptive, but it’s essential to know your rights when you have been injured due to the negligence of another driver. Knowing what personal injury law entails and what damages you can claim will help you navigate the legal system to get the compensation you deserve. A capable personal injury lawyer can help ensure that you get fair compensation for the damages you’ve suffered in a car accident.