If you were in a car accident and suffered injuries as a result of another driver's negligence, you may be wondering, “Can you sue someone personally for a car accident?” If this describes your situation, then the answer is yes. After a car accident, it is possible to file a personal injury lawsuit against the other driver.
This process, however, is not as simple as you might think. In order to file a lawsuit against another individual, you will need to prove that they are accountable for the injuries you suffered.
According to the law, you can file a lawsuit against the other driver, who was responsible for the collision, and seek compensation for your losses. An attorney can help you get the money you're owed by proving the other driver was negligent and negotiating with their insurance company.
Is It Worth Suing Someone Following a Car Accident?
Making the decision to sue someone personally after a car accident is a big step. In some cases, both parties find it difficult to reach an agreement, and going to court is time-consuming. That is why you must first deal with the insurance company to determine the settlement they are willing to offer.
If the accident report makes it clear that the other driver caused the crash, in most states you can file a claim with that driver's auto insurance company to get paid for your injuries. If you live in a "no-fault" state, however, you will have to ask your own insurance company for compensation. In no-fault states, everyone involved in a car accident files a claim with their own insurance company, regardless of who was at fault.
If the other driver does not have insurance, or if the other driver's insurance limits are insufficient to cover your losses, you may be able to make a claim with your own uninsured or underinsured motorist coverage.
Ultimately, the decision to sue someone is a matter of personal preference. If you're willing to put in the effort, you might end up with a larger settlement. You just need to be able to determine when going to court is in your best interest.
Types of injuries may be eligible for damages in a car accident
Any victim who is injured as a result of another driver's negligence or malice may be entitled to financial compensation. The amount of the potential settlement can vary depending on how much pain the victim has had to endure or will have to endure in the future.
Injuries that can be used to file a lawsuit following a car accident include, but are not limited to:
- Head injuries, including traumatic brain injuries (TBI)
- Injury to soft tissues
- Bone fractures, usually in the face or limbs
- Whiplash and herniated disks, as well as more serious injuries like paralysis, can happen to the neck and back.
- Burns, either from accidental fires or from contact with toxic chemicals spilled on the road
- Traumatic injuries to the spinal cord that may be permanent
How Much Can I Sue Someone After a Car Accident?
Damages that can be taken into account in a lawsuit for personal injury include, but are not limited to:
- Medical expenses: All current and potential future medical costs that you may incur as a result of the accident.
- Lost wages: Covers the wages or salary you forfeit when you are unable to work as a result of your injuries.
- Lost or diminished earning capacity: To cover any future income loss resulting from your injuries.
- Property damage: includes any of your personal belongings that were shattered or otherwise affected in the collision.
- Rehabilitation: can be incorporated if you require any rehabilitation services, including physical, occupational, speech, or other types.
- Assistive services: If you require assistance because you can't take care of yourself after the accident, you could also hire help.
- Other costs: Any out-of-pocket expenses you incur as a result of the accident can be claimed as compensation.
The initial settlement offer from an insurance company will often be the lowest, so you will need a car accident lawyer to negotiate with the insurance adjuster and come to a mutually agreeable settlement.
What to Do When Having to file a Car Accident Lawsuit
To successfully sue someone for an automobile collision, you must establish that they were at fault. You should prove:
- Breach of duty of care: The existence of carelessness on the defendant's part. This indicates that the responsible party failed to fulfil their obligation.
- Duty of care: Demonstrating that the defendant owed the plaintiff a duty of care. On public roads, all drivers are obligated to operate their vehicles safely.
- Damages: evidence of injuries or losses suffered by the plaintiff. The automobile collision has resulted in monetary losses.
- Causation: The causal link between the defendant's actions and the accident. The at-fault motorist caused your collision.
Obtain legal counsel from a car accident lawyer
If you're injured in a car accident, can you sue someone personally for a car accident? The answer is yes.
You know firsthand how a car accident can change your life. If you have any concerns about your case, it might be a good idea to speak with a car accident attorney. Additionally, they can assist you in the process of recovering compensation for your losses.
The attorneys at the Browning Law Firm are aware of how frustrating it can be for a victim to inquire about their legal options following a car accident. We can provide reassurance to those who have been injured in auto accidents during this trying time. You can avoid potentially frustrating and time-consuming legal research by allowing our legal team to investigate your case and prove liability on your behalf. While you focus on getting better, we can also assist you in filing a lawsuit against the person who was responsible for the accident.