A car accident, big or small, is terrifying. It causes a major unsettling event to the lives of the ones in it and those around them. Minor to major injuries, loss of the vehicle altogether, and sometimes loss of lives. Car accidents mark a devastating setback to the lives and finances of an individual. In these difficult times, it is very difficult to think about legal help. However, hiring an advocate can actually ease things out for you. Your attorney will handle all compensation claims on your behalf.
Recovery amounts for damaged property, destroyed goods, and even medical expenses will all be covered under your claims. If the case stands in your favor, you might not even have to bear your own litigation cost. It is, therefore, always best to hire a legal professional. They will make sure that your rights are protected. Car accident compensation is one of the most common claims in the insurance industry of the US right now.
What Are The Different Types Of Car Accident Compensations?
Car accidents cannot only lead to physical injuries but, most often, to emotional trauma and financial damage to the victims. The legal system of the United States provides opportunities for a victim to obtain car accident compensation for their losses. This article deals with details of car accident compensation, its types, and the necessary factors involved in its legal processing.
These are the types of compensation that a victim of a car accident can claim.
a. Medical Compensation
A victim of a car accident can claim compensation for the medical expenses incurred as a result of the accident. This can include Hospital bills, other medication costs, rehabilitation and treatment costs, cost of any ongoing treatment, diagnostic test expenses, and doctor visits.
b. Compensation For Pain
Yes, you read that right. Victims of a car accident can also be awarded compensation by the court for the following grounds:
i. Any physical pain and distress.
ii. And any emotional trauma as a result of the accident.
c. Lost Wages Of The Victim
It often happens that the victim is injured so badly they are unable to go to work and lose the day’s wage. Car accident compensation also covers any loss in wages of the victim.
d. Damage To The Victim’s Property
Usually, under these circumstances, the victim ends up with damaged property, for example, damage to the car itself. They can claim car accident compensation for repair and replacement costs.
e. Strain In Relationships
In some cases, the victim is significantly impacted by the accident. They sometimes lose their previous relationships with their spouse or other family members as a result of the accident. For these purposes, the victim can claim compensation for support and companionship loss.
Prerequisite For Car Accident Compensation
A victim may claim for car accident compensation if their case satisfies the following conditions.
A. Negligence Should Be Proved
The victim needs to prove before a legal authority that other parties were responsible for their negligible behavior leading to the accident. This negligent party should have breached their duty and led to the accident and also injuries.
B. The Victim Should Be Injured As A Result Of The Accident
The injuries sustained by the victim should be a direct result of the accident only. The accident against which the car accident compensation claims are being made should be the one that has caused injuries to the victim.
C. Damages Should Have Been A Result Of The Accident
There should be sufficient proof that the accident has caused damage to the victim. The proof may be in the form of medical bills out of medical expenses, proof of property damage or loss of wage, etc.
D. Claims Should Be Made Within The Statute Of Limitations
A car accident compensation should be cleaned within the time limits as have been prescribed by the state laws.
E. Evidence Of The Accident
In some cases, if there is proper documentation of evidence of the accident, the procedure to claim compensation becomes easy. The court may involve an accident reconstruction specialist or other professionals who can help you support your claim.
These requisites noted above can change from state to state. This is why it is best to hire an attorney who specializes in personal injury law and in car accident compensation claims.
What Are The Factors Influencing The Amount Of Compensation?
Car accident compensation may vary from one case to another. These are the factors responsible for the amount of compensation awarded by the court.
A. The Extent Of Injuries
Usually, the more chronic or serious the injury, the greater will be the compensation awarded by the court.
B. Cost Of Treatment
If the cost of treatment of accident injuries is more, the compensation awarded will also be more.
C. Loss Of Financial Stability
If the accident has gravely affected the victim’s ability, the court grants compensation accordingly. If their ability to earn wages and future prospects of supporting themselves has been affected, the justice system will make sure to provide sufficient compensation to make up for the loss.
D. Victim Found Partially Guilty
In some states of the United States, compensation awarded to the victim is reduced if he is found to be partly responsible for the accident.
Wrapping It Up!
Contrary to popular belief, the legal process to get car accident compensation is quite simple. However, hiring a legal professional does make it even easier for you. The first step usually begins with the victim filing a claim with the insurance company. They usually have to submit important documents such as police and medical reports, proof of damage, etc.
After the court awards the settlement, the legal representation of the victim may start the negotiation and reach the part of the agreement where both the court and the victim agree to the terms. In case a suitable settlement term cannot be reached, the victim can, at any point of time within the statute of limitations, go and file a lawsuit in a court.
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