August 20, 2019

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Recovering Damages in a Car Crash


What Are The “Damages” That May Be Available For Me to Recover?

  • Lost wages
  • Lost future earnings
  • Pain and suffering
  • Medical costs
  • Future Medical costs
  • Rehabilitation costs

From Whom May I Recover?

As a victim suffering damages from a car crash you may potentially recover from

  • The other driver
  • The owner of the car
  • The driver’s employer
  • The car manufacturer

What Do I Have to Prove in Order to be Awarded Damages?

Usually to recover damages an attorney must prove that the other driver involved in the car accident was at-fault. State laws differ when it comes to how much fault your attorney must prove. Additionally, talking to witnesses, examining police reports, and determining whether or not any traffic laws were violated all may be evidence of negligence, or fault. Contact a car crash law firm in this website to answer your questions about lawsuits and damages.

What if the Other Driver is an Underinsured or Uninsured Motorist?

If you were hit by someone driving a vehicle without insurance or by someone whose insurance will not cover the amount for the damages you received, you may be worried about how to pay for everything. If you file a car crash lawsuit against someone without insurance, that person likely will not have the money to pay for the damages.

So what do you do?

  • Find out the details about your insurance coverage, it may include underinsured or uninsured motorists. If so, you may file a claim with your own insurance company.
  • Learn the rules in your state about filing your uninsured/underinsured motorist claim—not every state has the same procedures and states may differ on the maximum benefit allowable.
  • Talk with an attorney with experience in filing uninsured/underinsured motorist claims.

Is There a Time Limit to File a Lawsuit After My Car Crash?

Every state has what is known as a “statute of limitations” which is how long you have to file a lawsuit after an event. If that time period passes and no lawsuit is filed, then you will no longer have the option to sue. Contact an attorney to find out how long you have to file a lawsuit in your state.