What Are My Legal Rights After A Car Accident?
CALL (800) 863-5312 TO SPEAK FOR FREE WITH Zinda Law Group LAWYERS Who Can Explain Your Legal Rights After a CAR ACCIDENT
Car accidents happen frequently across the United States. Aside from the difficulty of recovering from any physical injuries you may have suffered, you may also be wondering what legal rights you have after a car accident.
If you or a loved one have been injured in a car accident, you should contact the skilled car accident attorneys from Zinda Law Group at (800) 863-5312 today for a free consultation; we are happy to discuss your legal rights after being involved in a car accident. If we decide to take your case and we are not able to win your case, you will owe nothing.
UNDERSTANDING YOUR LEGAL RIGHTS AFTER A CAR ACCIDENT
If you have been injured in a car accident, you should contact an experienced car accident lawyer as soon as possible. Your lawyer may help you better understand your legal rights and options after an accident, including who may potentially be liable for your injuries and damages. Depending upon the nature of your accident, you may be able to seek compensation from the driver who was responsible for causing the accident. However, you may also be able to file a claim against other parties who may be responsible for the accident or your injuries, such as the vehicle’s manufacturer or distributor.
WHAT AM I ENTITLED TO AFTER A CAR ACCIDENT?
As with most people pursuing a personal injury claim, you may be entitled to a variety of economic and non-economic damages for your injuries and any damages suffered as a result of the automobile accident. Seeking any compensation you may be entitled to is perhaps your most basic legal right following a car accident.
You may be entitled to compensation for certain economic costs you may have suffered while treating or recovering from your injuries caused by the car accident. Economic costs may include such things as:
You may be entitled to compensation for medical costs incurred to diagnose or treat your injuries. These medical bills may include diagnostic tests such as an x-ray; they may also cover medical consequences faced by you afterward, as well as any ambulance trips, physical therapy, hospital stays, or medication necessary to treat any injuries. As part of this compensation, you may also be entitled to compensation for any future medical treatment that may be necessary to treat your injuries.
If you missed any time from work because of the accident or while recovering from your injuries, you may be able to pursue compensation for these lost wages, depending on how much time you missed from work. Meanwhile, you may be able to return to work, but not be able to work to the same extent or for the same amount as from before the accident. If you suffered a loss of earning capacity by no longer being able to earn as much income, you may also be entitled to compensation for any such loss of earning capacity.
If your vehicle was damaged in the accident, you may be entitled to the fair market value of the vehicle from before the crash. This compensation may cover the cost of repairing your vehicle or for the cost of replacing the vehicle if your automobile was totaled in the accident.
Meanwhile, your personal injury attorney who has years of experience handling motor vehicle accident cases may also help you pursue non-economic damages after your accident, such as:
Pain and Suffering
In addition to compensation for the medical costs of your injuries, you may also be entitled to compensation for the actual pain you suffered as a result of your injuries. Your pain and suffering may include the emotional and mental trauma associated with your injuries as well.
Loss of Consortium or Loss of Parental Influence
If your spouse passed away in the car accident, or became disabled, you may be entitled to compensation for a loss of consortium if you are no longer able to share the same degree of intimacy with your space because of any disability or because of your spouse’s passing.
Meanwhile, your attorney may help you seek compensation if a young minor’s parent was lost in the accident, as the minor may be entitled to compensation for the loss of parental influence.
Finally, depending on the nature and circumstances of your accident, you may also be entitled to punitive damages. In some cases, punitive damages may be available if the at-fault party’s behavior was especially egregious in causing the accident. For example, if the behavior that caused the accident rose to the level of gross negligence, recklessness, or an intentional action, you may be able to seek punitive damages. Punitive damages are levied with the intention to punish the at-fault party as well as to discourage others from engaging in the same dangerous behavior.
WHAT DO I DO AFTER A CAR ACCIDENT WHERE I WAS A PASSENGER?
As with an injured driver in a car accident, you may be entitled to compensation if you were injured in a car accident as a passenger. However, some important considerations may impact your legal rights and the amount of compensation you may be entitled to as a passenger in a car accident.
1. Seek Compensation for Your Injuries
If you were injured in a car accident but you were a passenger instead of a driver, you may still be entitled to seek compensation for any injuries you suffered in the accident as well as related damages. Compensation you may be able to receive could cover:
- Medical expenses
- Lost income
- Pain and suffering caused by your injuries
As with drivers injured in a car accident, you may be entitled to compensation for your injuries and the harmful effects they may have caused you to endure. For example, your attorney may help you seek compensation for any medical bills that you may have incurred while seeking treatment for any injuries suffered in the car accident.
If you were one of the injured in an automobile accident, you may be entitled to compensation for any lost wages you may have missed if you were forced to miss work for any period of time while recovering from or seeking treatment for your injuries. If your injuries cause permanent disability that prevents you from working at the same level as before the accident, you may also be able to seek compensation for your loss of earning capacity.
Pain and Suffering
Finally, you may be entitled to compensation for any pain and suffering associated with your injuries. This compensation may include the mental or emotional anguish experienced while recovering from your injuries. Compensation for pain and suffering is typically dependent upon the specific circumstances of your individual case and the extent of your injuries.
2. Determine Who May Be Liable for Your Injuries
One of the most important questions after your accident is who is liable for your injuries, allowing you to potentially pursue compensation from them for any injuries or damages you suffered in the accident. As a passenger, you may be able to seek compensation from the driver of the vehicle you were riding in or from the driver of the other vehicle. You may also be able to seek compensation through the uninsured or underinsured motorist coverage that was carried by the driver of the vehicle you were in. Finally, you may be able to file a claim against Uber, Lyft, or other rideshare service’s company-provided insurance coverage if you were a passenger in the rideshare vehicle.
3. Hire An Experienced Car Accident Attorney
Ultimately, hiring a skilled attorney to represent you after an accident is generally the most important step, regardless of whether you were the driver or the passenger in a vehicle involved in a car accident. If your accident was caused by a driver of another vehicle, the driver of the vehicle you were riding in may have an insurer who will help the driver seek compensation for any injuries or loss, but you may need your own attorney who will be focused on your unique needs, making sure you are able to pursue any compensation.
Unlike the driver’s insurance company or their attorney, your lawyer will be focused on your legal rights after a car accident and will fully explore who may be liable for your injuries, including the driver of your vehicle. Your own attorney may not attempt to dispute that the driver of your vehicle may have been partially at fault for the accident, as your attorney may be better suited to investigate the accident from a more unbiased perspective than would a representative of either driver or their respective insurance companies.
WHAT DO I DO AFTER A CAR ACCIDENT TO PROVE THE OTHER PARTY IS LIABLE?
To prove the other party is responsible for your injuries and damages and to hold them liable, your car accident attorney may generally be required to prove the other party was negligent in causing the accident. Proving negligence will generally require your attorney to prove the four elements of negligence:
You will generally be required to prove that the at-fault party owed you a duty of care. In most cases, other drivers generally owe you a duty of care on the road to avoid any accidents.
2. Breach of Duty
If the other driver owed you a duty of care, you may next need to prove that this duty of care was actually breached, such as by the other party speeding or driving while under the influence of alcohol or drugs.
Even if the other party breached a duty of care to you, you may generally have to prove that this negligent behavior was the actual cause of the accident and your injuries specifically.
Finally, you must have suffered actual damages in the car accident in order to pursue compensation. In wrongful death cases, the loss of your loved one may generally satisfy this damages requirement.
CONSULT THE CAR ACCIDENT LAWYERS AT ZINDA LAW GROUP TODAY
At Zinda Law Group, our experienced team of car accident lawyers may be able to help you understand and protect your legal rights after a car accident. You should contact the skilled team at Zinda Law Group as soon as possible to help you pursue the maximum compensation you may be entitled to as a result of your accident. Our attorneys have years of experience in helping victims of car accidents pursue claims against the at-fault party responsible for causing their accidents and any injuries or damages suffered in their accident.
Call (800) 863-5312 today for a 100% free consultation with one of our experienced personal injury attorneys. You will not pay anything unless we can win your case. That’s our No Win, No Fee Guarantee.
Meetings with attorneys are available by appointment only.