A serious car accident usually results in serious injuries. You may have suffered traumatic brain injury, permanent soft tissue damage, bone fractures, or even become permanently paralyzed as a result of the car accident if something happened to your spinal cord. You may have a prominent scar and be permanently disfigured or you may have lost the use of one or more of your limbs. The nature of injuries after a serious car accident is varied, but in many cases, these injuries can be dramatic and life changing. So, what do you do when you face such grave injuries?
Your Rights After a Car Accident
After a car accident, you usually have two ways to recover: you can settle with the insurance company or you can file a lawsuit. In 12 states in the US, called "no fault" states, your right to file a lawsuit is more limited and you are only able to sue if your injuries are "serious" as defined by the law (otherwise, regardless of fault, you recover from your own insurer under personal injury protection). Since your car accident was serious, it is likely your injuries will be classified as serious in a no fault state, but you'll need to check the specific definition and rules where you live. Assuming that your injuries are considered serious, this means that you too have two options when it comes to recovering damages for your injuries.
If you decide to sue the at-fault party for the car accident that caused your serious injuries, you can generally recover damages for:
- Pain and suffering
- Medical bills you paid out
- Lost wages
- Emotional distress
- Wrongful death, if the accident led to death
The jury will first determine whether the defendant was negligent in causing the accident or not. Once it has determined that the defendant was negligent, it will decide the amount of damages you are entitled to based on the type of injuries and the situation that occurred surrounding the accident. With very serious injuries, you may receive a large amount of compensation from the jury, especially if the defendant was clearly being irresponsible when he caused the accident and/or especially if your injuries render you unable to work for life.
Getting Help
With serious injuries, you need serious help in dealing with them. While your doctor will take care of your medical needs, it is essential you hire an experienced and qualified personal injury attorney to take care of your legal needs. It is essential you are compensated fairly and appropriately for the life changing injuries that can result from a serious car accident, and a qualified attorney will help to ensure your rights are protected.
