Automobile Accidents

What are the legal aspects regarding compensation for car accident injuries/fatalities?

If you have been injured in a car accident, or have lost someone because of a car accident, you can file a case of personal injury or a wrongful death claim, as the case may be.

Those who are involved in car accidents, usually suffer serious injuries or death. Various types of car accident injuries include brain injury, injury to the spine, neck injuries, fractures and broken bones, head injuries, etc.

Such serious injuries can often leave the victims in severe pain and discomfort, not to mention making them disabled for life. Car accident injuries can also result in the loss of eyesight or hearing. Even if your car accident injuries are treated properly, you may still end up with some permanent disability or disfigurement.

What criteria must one meet to be eligible to make a claim for injuries, and what is compensation paid out for?

The law entitles victims of car accidents to recover damages and compensation for their injuries sustained in the accident. If you can fulfill the following conditions, you have a valid personal injury claim.

• Your injury is a direct result of the car accident.
• The accident was caused due to another person’s negligence or fault and not your own.

For a valid personal injury claim, proving negligence is the first step. The law does not allow you to be compensated for your own fault, thus, you need to prove that the accident was someone else’s fault and due to their negligence.

If fault can be established, you can recover compensation and damages for the following:

• Medical expenses incurred in the treatment of your injuries.
• Any future medical costs.
• Compensation for actual loss of wages.
• Loss of future wages.
• Compensation for loss of enjoyment of life.
• Damages for mental pain and anguish.

What about wrongful death eligibility and compensation breakdowns?

If you have lost a parent, spouse, or child to a car accident, you can file a wrongful death claim against the negligent parties. Most states limit the people who can bring a claim of wrongful death to those mentioned previously. In addition to the above, if you were financially dependant on someone, you can bring a claim of wrongful death if that person was killed in a car accident, even if you are not actually related to the deceased.

Here too, you need to establish that the death was caused due to the negligent actions of the defendant and happened because of the car accident. In a wrongful death claim, you are entitled to receive damages for the following:

• Loss of companionship
• Loss of sexual relationships
• Actual financial losses, if the person killed was the provider of the household or you were dependant on them financially.
• Mental pain and suffering

Do not settle for less than fair compensation!

Contact The Law Office of Timothy J Phillips for your free legal consultation.