There are several damages that you can claim in a car accident, including your medical bills, lost jobs, emotional distress, and any damage caused to your property. When you get injured in a car accident, that too due to someone else’s negligence, the insurance company is liable to compensate for the damages, pain, and trauma you have gone through.
If a claim is denied by insurance companies, the court helps you get compensation. However, you must have an experienced car accident lawyer by your side to handle the legal matter. A good lawyer will help you with both a fair claim from your insurance provider and even fight your case in court if the insurance company denies your claim. Here are the main types of damages you can claim:
After a motor vehicle accident, medical expenses are one of the biggest burdens the victim has to face. Hence, the insurance provider is liable to pay for all accident-related medical bills. These may include:
Note: When claiming medical expenses, it’s essential to consult with experienced personal injury lawyers who can evaluate the real extent of your injuries and ensure that hidden injuries are not overlooked.
If injuries prevent you from working, the insurance company may be liable to compensate for lost income. This may include:
Insurance companies may try to undervalue these losses. It’s vital to work with a lawyer who can negotiate effectively on your behalf.
Victims may endure emotional and mental suffering post-accident. These non-economic damages can include:
You can claim compensation for these losses under law with the help of a personal injury attorney.
If your car or other personal belongings are damaged, the insurance company must pay for repairs or replacements. This includes:
Due to potential pushback from insurers, it’s advisable to consult with a lawyer for proper assessment and negotiation.
The statute of limitations will differ from one state to another. Every state has its deadline, and if you miss the deadline, decided by the state, you will lose your right to seek compensation. Therefore, you must understand the statute of limitations or take a consultation from an experienced lawyer. You can also connect with us to get a free case review and understand the statute of limitations in your region.
For your convenience, we have added the statute of limitations by some states:
| State | Statute of Limitations |
|---|---|
| California | Two years |
| New York | Three years |
| Florida | Two years |
| Texas | Two years |
| Illinois | Two years |
Remember, every state has a deadline. You must file your claims within the deadline specified by the state.
The statute of limitation is the period in which you can file a claim. For example, if New York provides a statute of limitations for three years, you have three years from the date of the accident to file and seek compensation. However, if there is any government vehicle involved in the accident, the statute of limitations will be as little as six months. However, you must consult a lawyer or us to understand the statute of limitations before making a final call.
These laws determine how fault is calculated and affect how much compensation you receive.
If the law is comparative negligence, your claim amount will depend on the percentage of fault by the third party and you. For example, if you are 20% at fault and the third party is 80% at fault, you will get 80% of the total compensation amount.
That means if the compensation amount is $10,000, you will receive $8,000.
Comparative negligence has also two different types:
Contributory negligence law is applicable only in a few states like Maryland, Virginia, and North Carolina. This law prevents victims from seeking any claim if they are even one percent at fault. However, it’s a complex legal matter that makes legal representation crucial.
This article outlines your legal rights after a car accident. While knowing your rights is important, having a skilled personal injury lawyer is vital to navigating the legal complexities.
We are a lead provider of experienced accident attorneys who work on a contingency basis — no upfront fees. We also offer free case evaluations to help you understand your rights, case severity, and the type of attorney you need. Based on our review, we’ll connect you with the best lawyers in your area.
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Car accidents are unpredictable, so it’s important to be prepared. Knowing what to do after an accident—minor or major—can help protect your rights and ensure smoother compensation.
