When you have been hurt in a motor vehicle accident that was caused by someone else, the law entitles you to seek compensation for your injuries. You may also recover damages for:
- Pain and suffering
- Physical, mental and emotional injuries
- Property damage including your car
- Lost wages if you are unable to work
- Loss of earning capacity if you can show that your ability to earn money in the future has been impaired
- Loss of consortium when the injuries to a spouse affect their ability to have normal marital relations
- Permanent disfigurement or impairment
- Past and future medical expenses
Proving Liability
Many accidents occur due to negligence on the part of one of the drivers involved. In order to make a claim for compensation, you must be able to prove that another party was liable for the accident. This can be done by gathering evidence from:
- A police report
- Looking through the state laws that govern driving, sometimes called “The Rules of the Road”
- Witnesses that were present at the time of the accident
To prove that someone acted in a negligent manner causing recoverable damages, you must be able to show that the following four elements occurred:
- A duty to act in a responsible manner
- A breach of duty occurred when the defendant failed to use ordinary care
- Causation between the duty
- Damages resulting from the breach of duty
You must be able to show that the negligent action of the other driver is at fault, and that they were the “proximate cause” of your injuries. Once negligence and causation are established, you can then evaluate the damages, which can be recovered by those injured in an automobile accident.
Types of Damages
Damages can be defined as the amount of money that can compensate the victim for their injuries. Victims of personal injury may be eligible for compensatory and/or punitive damages.
- Compensatory damages—These are given to provide restitution for all financial expenses related to the accident.
- Punitive damages—These are awarded when the conduct of the offending party is malicious or reckless. Punitive damages are used to send a message to the defendant and the public in an effort to deter such conduct from happening again.
In some cases, a claim for personal injuries may also be brought against individuals other than the negligent driver. If the driver was working for a company, then the employer may be liable. The amount and type of damages awarded will depend on the specifics of each case.
How a Lawyer Can Help
A motor vehicle accident can have catastrophic consequences, for both the victim and their family. If you or a loved one has been injured in an auto accident, you should consult with an attorney who specializes in this area of law. An experienced lawyer will be able to evaluate your case and help you obtain the compensation that you may be entitled to receive.
