These days, car accidents are getting more and more common by the day. It is vital that all drivers as well as those who value their lives be more careful.
In addition to this, it is important to know what rights you have in case you or someone close to you has been a victim.
While there is nothing one can do to reduce physical pain, forms of damages offered under the law can at least provide some relief.
Without much ado, let’s have a look:
In an insurance claim when you are hit by a car or are the victim in a car accident, you are allowed up to 3500 dollars of accident benefit when the injury caused has been determined to be minor.
A minor injury refers to laceration, whiplash, a sprain, strain, contusion or abrasion. In cases where you have received what is more than a minor injury, you may be allowed from 3500 dollars up to 50,000 dollars in medical treatment. Furthermore, personal items damaged due to the accident are also reimbursable through the insurance company and you are also entitled to income replacement benefits during the time you are unable to go to work due to injury. This can go up to 400 dollars a week depending on your situation.
However, remember that the amount you get largely depends on the kind of policy you have and also the state that you live in.
Speaking to a personal injury lawyer will give you a better idea of the rights that you have and the compensation that you can claim.
Your lawyer can handle everything from legal paperwork to negotiations on your behalf. The truth is that when it comes to court cases, you cannot do without a lawyer since the law requires you to have a legal representative.
Once you’ve hired a lawyer you can go on to file a civil lawsuit against the other party. A victim of the accident who has suffered injuries can collect compensation from the driver at fault.
A civil case is different from a criminal case and the compensation provided will usually help you to pay medical bills and cover lost income due to missing work. In case the accident resulted in a death of one or more parties, the family of the defendant can file a wrongful death lawsuit against the driver. The types of damages offered in case of death include punitive damages as well, which may go very high.
It must also be mentioned that not just the driver but other parties may also be made a part of the lawsuit. These include the company that hired the driver if he was working for a company and wasn’t skilled enough to go behind the wheel etc.
Each motorist on the road owes a duty of care to one another as well as pedestrians, cyclists and anyone else who may be on the road at any given time. Once a driver breaches this duty of care, they may be found liable for negligence.
In the event that the defendant is not entirely at fault, and an issue was found within the car and they were not aware of it, product liability will be taken into account. For example, the car had malfunctioned due to some issue with the engine.
This is then considered the manufacturer’s fault and the manufacturer might be made a part of the lawsuit. In addition to this, retailers, distributors, assembly or installation companies might also be included.