November 13, 2020

Samantha Higgins

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How to Know if You Have a Case From Your Car Accident

Car accidents are some of the most devastating occurrences that can happen to anyone. If you’ve been in a car accident, you are probably feeling physical, emotional, and financial pain all at once. The good news about that is that you might be eligible to receive compensation for everything you’re going through. You might be eligible to file a case if your car accident has the following characteristics:

1. You Have Verifiable Losses

You could be eligible to receive compensation if you have verifiable injuries and losses from the incident. You can prove your injuries by producing your doctor’s records and the bills from the services he or she provided you. You can also show other losses that you’ve suffered as a direct result of the accident.

Those include lost work wages. Furthermore, you can show documentation if you are in a bad place financially because of the accident. You can produce notices if you are in foreclosure or you’re getting ready to lose your vehicle.

2. Your Accident Involved Another Party’s Neglect

Neglect is another determining factor in a car accident case. An incident could qualify as a personal injury if another person’s neglect played a part in the injury. Various parties can be responsible for neglect in a car accident. Another driver or a vehicle manufacturer are two examples of parties who might be held liable for a personal injury.

Another driver can cause an accident by operating a vehicle while he or she is distracted or disobeying traffic rules. Automotive manufacturers are sometimes responsible for releasing vehicles that have defects. You would be entitled to receive compensation if your car was involved in an accident because of a defect that the manufacturer failed to disclose or correct.

3. The Neglect Caused Your Accident

To qualify for a case, you must be able to prove that the neglect was the cause of your accident and the injuries following the incident. A car accident lawyer Buffalo specialist can help you figure out whether you can apply to receive funds to make up for your losses.

4. You Are Less Than 50 Percent at Fault

You might think you are not eligible for compensation if you are partially to blame for the car accident. That’s not entirely true, however. Certain states, such as New York, use the percentage of fault rule to award case winners. They reduce the amount of the settlement by the percentage of fault the plaintiff bears.

For example, you would only receive $70,000 from a $100,000 settlement if you were 30 percent at fault for the incident. That should give you enough reason to pursue the case.

5. An Experienced Attorney Thinks you Qualify

Only an experienced attorney can give you a true opinion of whether you can win a personal injury case for an automobile accident. To receive this opinion, you’ll need to contact a reliable attorney and schedule a consultation.

You should look for certain characteristics in an attorney that you want to represent you. Those characteristics include compassion, integrity, fairness, and reliability. You should also make sure that the attorney in question has a strong reputation with current and previous clients.

Compensation You Can Receive

If you win a personal injury case, you can receive one or two types of compensation. The first type is called compensatory damages, and it covers a heap of losses that you’ve suffered. Compensatory damages will cover your medical expenses, medications, therapies, work wages, rent, and a variety of other things.

A judge might order the offending party to pay the second type of compensation, as well. It’s called punitive damages. Punitive damages are extra monies that a plaintiff sometimes receives if the neglect was extreme. Its purpose is to defer the offending party from repeating the offense while ensuring that the plaintiff is well taken care of.

Schedule Your Appointment With an Attorney Today

The best way to find out if you’re eligible to file for a personal injury case is to contact an attorney and schedule a consultation. Take all the evidence that you have and sit down with an experienced professional who can let you know if you qualify. You have nothing to lose by scheduling a consultation.

Samantha Higgins

About the author

Samantha Higgins is a professional writer with a passion for research, observation, and innovation. She is nurturing a growing family of twin boys in Portland, Oregon with her husband. She loves kayaking and reading creative non-fiction. 


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