You have the legal right to seek compensation if someone fails to exercise reasonable care and their carelessness causes harm or property damage. A car collision does not have to result in bodily injury to result in monetary damages.
A drunk motorist, for example, may have sideswiped or rear-ended you without inflicting any injuries. However, a DUI accident lawyer may still fight for your rights and make the drunk driver accountable for their actions.
Even if you are not physically injured, a car collision may cause mental distress. In certain situations, you may be able to submit a claim for this as well.
Can you sue someone for damage even if you are not injured? Yes, even if the harm is little, you may be able to file a claim in small claims court. However, it is not that simple and uncomplicated since the regulations vary depending on your personal scenario and are distinct in each state, such as Florida.
You should verify your state's small claims court limitations to see whether your case qualifies. If the losses exceed the limits imposed by small claims court and the insurer refuses to pay, you may need to file a civil court suit.
What You Need to Prove to File a Car Accident Claim
You must establish carelessness and blame in order to hold another motorist accountable for the repair or replacement of your vehicle. This evidence needs three things to be proven:
- The motorist was required by law to obey certain traffic laws.
- The driver breached this requirement, resulting in the collision.
- As a consequence of the accident, you sustained financial losses.
A vehicle accident lawyer may be able to assist you in obtaining and preserving evidence to support your claim, as well as negotiating a reasonable payment with the insurance company. They may help guarantee that your compensation is not undervalued by the insurance provider.
Gather as much evidence as possible, which includes:
1) Testimony of a Witness
Personal injury lawsuits may quickly descend into a "he said/she said" argument. That is why eyewitness evidence from the scene of an automobile collision is so persuasive. The more witnesses who can offer firsthand recollections of what happened at a collision scene, the easier it is to identify who was at fault for the automobile accident. Taking down the names, phone numbers, and addresses of witnesses at the scene of a Georgia car accident is crucial for later proving your claim.
2) Loss of Property
Visual damage to your car will very definitely be a significant piece of evidence in your case. This evidence might show where you were hit, the extent of your injuries, and a range of other data concerning the event. If the other driver alleges you hit him or her, the damage to your vehicle may suggest otherwise.
3) Reports from the police
In most circumstances, the testimony of a police officer has more weight in court. That is why the police report in a car accident lawsuit is crucial. When a police officer arrives at the scene of an car accident, he or she will often take note of all the facts. This might include the position of the automobiles, license plate numbers, damages, interviews with witnesses, and conversations with persons who were directly involved in the car collision.
The Florida police report details the events leading up to, during, and after a car collision. As a consequence, it is perhaps the most crucial piece of evidence in a car accident damage claim. This necessitates calling the police immediately if you are involved in an automobile collision, particularly if there are injuries. You will then be able to provide your testimony to the officer right away and guarantee that an accurate police record is kept.
1) Begin fixing up anything until the insurance company approves it
Before making improvements to your house, you and your insurance carrier should discuss and agree on the required repairs and the cost of such repairs. It should be noted that all talks and agreements should be recorded rather than being purely verbal.
2) Get rid of everything
This includes receipts, broken things, personal possessions, and so forth. These things will be required to support your claim to the insurance company. Do not discard them until they have been properly recorded.
3) Assume you must utilize the suppliers of the insurance company
You have the right to engage your own professionals, such as contractors, public adjusters, engineers, and so on, whether they are recommended by the insurance company or a contracting business. And it is typically in your best interests to do so.
What About Delayed Injuries? And Can You Still File a Claim for it?
Even if you do not believe you were wounded in a vehicle accident, you should be aware of the possibility of delayed injuries. Many injuries may not manifest themselves for days, hours, or even weeks after the event. After a car accident, it's very likely that you'll have some delayed or lingering injuries, such as:
- Mental anguish. A motor vehicle collision may cause significant mental anguish and suffering. Mood swings, anxiety, and despair are all indicators of emotional trauma.
- Concussion. Concussions occur when the head is shaken by the impact of an automobile collision and the brain moves within the skull, causing tissue and brain cell damage. Headache, fatigue, dizziness, disorientation, memory problems, and loss of balance are all symptoms of a concussion.
- Whiplash. Whiplash is caused when the head and neck are forced forward and then backward as a result of a collision. This jerking action may cause nerve, tissue, and even vertebral and upper spine injuries. This results in discomfort, stiffness, and a restricted range of motion.
Injuries to the back and spine. Car accidents may result in a variety of back and spine ailments, such as slipped discs or spinal cord injuries. Slipped discs occur when spinal fluid pushes on the outer ring of a spinal disc, causing it to expand. A herniated disc, on the other hand, occurs when spinal fluid escapes into the spinal canal. Car accidents may also cause spinal vertebrae, discs, and nerves to be injured. All of these back and spine problems may result in excruciating neck and back pain.
Injuries to the soft tissues. Soft tissue injuries are defined as any damage caused by the stretching or tearing of the skin and tissue under the skin following the impact of an automobile collision. Sprains, cuts, and contusions are common soft tissue injuries that produce substantial pain and swelling.
Call an Experienced Car Accident Lawyer in Fort Walton Beach Today
Hiring an expert car accident attorney in any of these situations may be incredibly beneficial to your car accident claim. If you want to sue for damages after a car accident, you will need the assistance of a car accident lawyer.
A Browning Law accident attorney may be an invaluable resource as you navigate these complicated legal procedures in Florida, particularly when dealing with an uninsured driver or seeking compensation for emotional and psychological harm. Browning Law Attorneys offer experienced automobile accident attorneys ready to begin your claim.
Browning Law's outstanding, highly experienced personal injury lawyer will work relentlessly for you in your car accident claim so that you may find peace of mind. Call us today for a free consultation if you were injured in a vehicle accident in the Fort Walton Beach, FL area.