What circumstances need to happen before you can sue for a car accident?
Many people sue if they've suffered injuries in a car accident. If you haven't been injured, you might be wondering, "Can I sue after a car accident if I was not hurt?"
At Kerley Schaffer, we believe that no one should have to suffer any effects of a car accident. Below, we'll go into the various circumstances that allow a person to sue for a car accident. Keep reading so you can hire a car accident attorney and get the compensation you need!
Understanding Personal Injury Lawsuits
A car accident claim falls under a category of civil law known as personal injury law.
When someone files a personal injury lawsuit, they are claiming that the actions of one person led to the harm of another person. In car accident cases, the plaintiff and their attorney attempt to establish that another driver violated the rules in a way that impacted someone's life.
But the burden of proof in car accident cases is much lower than in criminal cases. For car accidents, a car crash lawyer only has to establish how someone's driving impacted someone else. In contrast, criminal law attorneys need to argue so convincingly that each member of the jury has no doubt in their mind as to what happened.
Usually, the person affected by the accident is the plaintiff. On some occasions, people file lawsuits on behalf of loved ones who were in accidents. Those injury cases comprise many of the car accident cases, but you can still file a lawsuit if you haven't been injured.
Wrongful Death Car Accidents
Unfortunately, over 38,000 people die while on American roads every year. That's about 12.4 deaths per every 100,000 U.S. residents.
When someone dies in a car accident, their families usually go through several forms of suffering. First, they go through the grief of suddenly having to bury a loved one, and they incur unexpected funeral costs. If the person was a breadwinner, they lose a source of income. If the person didn't pass away at the scene, the family has to pay expensive hospitals as well.
People can sue if their family member died in a car accident. To win their case, their car accident attorney will have to prove the other person was at fault for the incident.
Property Damage Claims
You can also file a car accident claim for property damage.
Repair bills from car accidents often cost thousands of dollars. Sometimes, the other person's insurance company won't want to cover the full cost. The adjuster might try to get you to agree to a settlement that is worth far less than the sum of your damages.
If this happens, you should consider hiring an auto accident attorney and filing a lawsuit. As long as you're not at fault for the accident, insurance companies should pay for your damages. A car accident lawyer will help you recuperate any money you spent that should have come out of the insurance agency's pockets!
Mental Trauma Cases
Have you had to receive mental health therapy after being involved in a car accident?
Sometimes, our minds process car accidents as trauma. In fact, motor vehicle accidents are the leading cause of post-traumatic stress disorder (PTSD) in the United States.
The symptoms of PTSD following a car accident include:
Depression
Anxiety
Agitation or numbness
Irritability
Nightmares
Intrusive flashbacks
The avoidance of reminders (such as refusing to drive on the road where the accident occurred or not wanting to get behind the wheel again)
PTSD varies from person to person in its severity. Some people will have very few symptoms while others will find their condition unmanageable. If you believe you may be suffering from PTSD, it is best to seek out the help of a licensed counselor or psychiatrist. They can get you an official diagnosis and recommend a treatment regimen to lessen your symptoms.
Yet, therapy is expensive. Not all therapists accept medical insurance. It can range from $65 to upwards of $250 per hour. The cost keeps many people who need help out of the therapist's office.
People shouldn't have to live with the trauma of a car accident, though. If you're suffering from car accident-related PTSD, you should get a lawyer and file a lawsuit against the other party. Then, you can use your winnings to pay for the treatment you need!
When the Other Party Is Uninsured
In the United States, it's illegal to drive without insurance. Yet, some people still choose to do it.
If an uninsured driver crashes into you, you won't be able to open an insurance claim against them. As such, the only way to recuperate your expenses is to take them to court.
You should talk to your lawyer before you decide to proceed with the lawsuit, though. People who drive without insurance often do so because they can't afford the insurance premiums. This means they may not have enough money to compensate you for your expenses.
If you win your case, the judge can order them to pay you a certain amount. However, they can declare bankruptcy to get rid of the financial burden.
Ready to Hire a Car Accident Attorney?
Now that you know you can sue someone for a car accident without injuries, you're ready to hire a car accident attorney.
Here at Kerley Schaffer, we combine years of experience with a faithful dedication to each client's case. When you work with our team, you'll get the best representation available to you. Even better? You'll stand the best chance of winning your case!
Schedule a free consultation with us today!