Having someone target you on the road and intentionally cause you to get hurt in a collision can be terrifying. You should not have to deal with an insurance claims adjuster or worry about filing a lawsuit in time while you are trying to recuperate from your injuries. A road rage accident lawyer in Greenville may be able to handle your personal injury claim so that you can focus on getting better.
Can You Pursue a Civil Case After a Road Rage Incident in Greenville?
Some people mistakenly think that they cannot pursue civil action if the perpetrator got prosecuted for their road rage or aggressive driving. In fact, a person who commits road rage can face both criminal charges and a civil lawsuit for money damages.
Road rage accidents are a type of personal injury claim. We do not charge up-front legal fees to help you if you got hurt in a road rage or aggressive driving collision. We do not get paid until you win either a settlement or award for your claim. The initial consultation is free, and there is no obligation.
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Damages in Road Rage Accident Claims
You can pursue the same types of money damages in a Greenville, South Carolina, road rage accident as you can in any other kind of personal injury case. There is no flat-rate amount of compensation for road rage accident injury claims. Every case is unique.
The amount of money damages you can pursue will depend on the facts of your situation. The extent and severity of your injuries and any residual impairment will be essential factors in calculating the value of your case, as well as other economic and non-economic losses.
Examples of Damages a Greenville Road Rage Accident Attorney Can Help You Seek
Here are some examples of categories of compensation in road rage accident claims:
- Medical bills: Usually, you can recover the reasonable cost of medical treatment that you need because of your injuries. These damages can include the ambulance, emergency room, hospital, surgery, doctors, diagnostic testing, blood transfusions, prescription drugs, physical and occupational therapy, and equipment like wheelchairs or crutches.
- Treatment facility costs: For catastrophic injuries like spinal cord damage or traumatic brain injury, a person might need specialized care, either inpatient or outpatient, at a rehabilitation center.
- Long-term care: Devastating physical damage might leave a victim of road rage in need of daily assistance with medical treatments, personal care, and everyday tasks. These services could be in-home or at a skilled nursing facility.
- Lost income: If your boss did not pay you for the time you missed from work while recuperating from your injuries, your damages claim could include your missed paychecks. Lost wages, salary, self-employment, and other forms of regular income can count in this category.
- Decreased earning potential: After significant injuries, a person might not be able to make as much money as before the accident. You might have a claim for diminished earning capacity if you had to reduce your working hours or take a lower-paying job because of your injuries.
- Disability: If you cannot work at all to support yourself through gainful employment, you might have a claim for disability benefits. This loss of independence and self-sufficiency can be compensable.
- Intangible damages: These losses usually do not have receipts or bills, but they have value, nonetheless. Examples of these non-economic damages include pain and suffering, disfigurement, and loss of enjoyment of life.
Do not worry if you experienced losses that are not in this section. A road rage accident attorney in Greenville can evaluate your compensation claim.
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What Happens If a Road Rage Driver Is Charged with a Crime?
If the road rage driver gets arrested or prosecuted for his actions, the criminal case will be entirely separate from your claim for monetary compensation. We will have no control over the criminal charges.
The defendant might strike a plea bargain with the prosecutor and get the charges reduced or even dismissed. If that happens, it will not affect your personal injury claim.
Civil cases and criminal cases have different burdens of proof. In other words, you have to prove a lot more in a criminal case to hold the defendant responsible for his actions than you do in a civil case. If the defendant gets convicted of a crime for the road rage incident, that fact may strengthen your personal injury claim.
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Types of Evidence in Road Rage Accident Injury Cases
A jury might award more compensation to the victim of a road rage accident than to someone who gets hurt in a standard collision. The sentiment is that anyone can make a mistake, but when someone intentionally harms another person, society feels outraged.
It is not always a simple matter to prove that road rage caused a crash. Here are some of the possible forms of evidence, depending on the facts of your situation:
- Police report: With a little luck, the police report might charge the defendant with road rage. Sometimes, officers hesitate to assess blame in writing unless they personally witnessed the incident. If that is the case, we can explore other types of evidence to substantiate an allegation of road rage.
- Eyewitnesses: Other drivers, passengers, or pedestrians might be useful to your claim if they happened to witness the event as it unfolded. Eyewitness testimony can be problematic, so we will perform a thorough investigation to discover the truth.
- Video camera footage: Many homes, businesses, and public places have security cameras that may capture video footage of crimes.
- Mobile phone video or photos: Road rage incidents tend to last longer than a simple collision. If the behavior of the defendant driver caught the attention of someone in the area, that third person might have photos or video evidence on their cell phone.
- Accident reconstruction experts: Even if there is no evidence captured at the time of the road rage incident, some experts can reconstruct what happened to determine who or what caused an accident.
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Call George Sink, P.A. Injury Lawyers Today
We perform a thorough investigation of every road rage accident we handle. Our Greenville road rage accident lawyers may be able to help you get justice. You can call us today or fill out our online contact form to get started with a free case review.
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