Yes, you may be entitled to sue someone personally after a car accident. A personal injury claim is a type of tort claim that is typically filed under the basis of the defendant’s negligence but may also be an intentional act or under the basis of strict liability.
Furthermore, personal injury claims revolve around two main issues, which include liability and damages. Typically, the basis of liability is proving negligence, which is defined as a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.
What Damages Can I Recover in a Car Accident Lawsuit?
When plaintiffs can prove that the defendant, or the opposing driver, was negligent in causing a car accident, they may be entitled to file a personal injury lawsuit.
While you can sue someone personally after a car accident, there is also another potential path to holding an at-fault driver accountable. This can be done during an out-of-court settlement, which means you will not have to go to court for your car accident. Instead, both parties will reach an agreement on a settlement figure to compensate the plaintiff for their damages.
If the plaintiff does agree to a settlement out of court, they must sign a release that waives their future legal rights against the defendant for the accident or the plaintiff’s damages.
Damages that may be accounted for during a personal injury lawsuit may include, but not limited to:
- Current medical costs
- Future medical costs
- Property damages
- Lost wages
- Future lost wages
- Pain and suffering
- Loss of consortium
- Wrongful death
You may also be entitled to collect punitive damages, which are meant to punish the negligent party for their careless or reckless behaviors.
Proving Negligence in Your Car Accident
During a personal injury lawsuit, the plaintiff may be required to present evidence that proves the defendant was negligent in causing the car accident. There are four elements of negligence, all of which may be required to be proven during a personal injury lawsuit. The four elements of negligence are as follows:
- Proving that the plaintiff was owed a duty of care from the defendant
- The existence of a breach in care caused by the defendant
- Proof of damages or injuries suffered by the plaintiff
- Causation linking the defendant’s actions to the accident
Learn More By Contacting the Office of a Personal Injury Lawyer Today
Human error is involved in 94% of car accidents in the United States each year. Additionally, the National Safety Council has found that approximately $400 billion was spent by Americans in 2018 to cover car accident property damages, injuries, and even deaths.
If you have been injured during a car accident and are seeking financial compensation and justice for your injuries, contact the personal injury lawyers of George Sink, P.A. Injury Lawyers.
You may consider filing a personal injury lawsuit against the at-fault party that caused your car accident damages. A lawyer can help you fight for a successful outcome, whether by a personal injury settlement or lawsuit.
At our law firm, we can also assist in helping you determine how much compensation you may be entitled to after monetizing all of your damages. To begin a free case review with a car accident attorney, call our law firm or fill out our online form today.