Auto accidents form the bulk of accident claims in personal injury law because most people can’t do without using cars, increasing the risk of car accidents. If you or a loved one is a victim of a car accident, you’re entitled to damages for injuries or property loss.
Serious car accidents can result in severe bodily injuries that can cause other health complications besides causing financial loss. After a car accident, casualties must cater for medical expenses, pursue justice, file legal action & fill court papers, and repair their vehicles–and all that requires money. A car accident lawyer in Alaska can help you bring the faulting party to book and ensure you’re compensated.
Recovering Damages in Car Accident Claims
Recovering damages in car accident claims is not automatic as it sounds. It’s a long and involving process whose outcome might not be what the plaintiff expected. Just because you’re the injured party doesn’t automatically qualify you to recover damages. You must prove your claim using the four elements of negligence including:
1. Duty of Care
The plaintiff must establish that they were owed a legal duty of care by the defendant. The law expects drivers to exercise standard care and obey traffic rules, so, this step will be relatively easy. Motorists owe other road users a duty of driving safely and adhering to road rules.
2. Breach of duty
The second step involves providing evidence that the accused violated their duty of care by being negligent. Failing to exercise standard care involves acting, or failing to act in a manner that a reasonable person would have acted. Common acts of negligence when driving can include running a red light, overspeeding, turning without indicating, and much more.
3. Relationship between the Accident and Injuries Sustained
The injured person has a legal obligation of proving that their injuries or loss resulted from the defendant’s failure to exercise standard care. For instance, a driver who causes an accident while sending a text may run onto oncoming traffic, causing an accident. Such a driver will have breached their duty of care hence, liable to compensate the plaintiff. The plaintiff just needs to state that the accident won’t have occurred if the plaintiff wasn’t distracted by an SMS.
4. Damages
The last part is stating a legal claim by providing a monetary estimate for losses and expenses associated with an accident. A personal injury lawyer can help a plaintiff draft a reasonable.
Indeed, recovering damages in a car accident claim can be challenging if the plaintiff fails to prove the elements of negligence on the part of the alleged at-fault party. Thankfully, there are many reliable law firms that specialize in handling car accident claims.
For example, a law firm like Wyatts Lawyers may assist a plaintiff in recovering the right compensation for their injury. Generally, their mission for Wyatts Lawyers was to be the law firm of choice – to represent individuals in all personal injury matters and do so with a centered focus on supporting clients with complete compassion and care.
Over two decades on, Wyatts Lawyers continues to be the organisation of choice and has built a highly successful team who are dedicated to upholding the firm’s values and providing a strong voice to those in need. Wyatts Lawyers continues to positively impact the lives of individuals Australia-wide, representing clients across their expansive areas of expertise.
Standard Legal Claims in Auto Accident Lawsuits
The common components of auto accident claims include economic, non-economic, property, and punitive damages.
Economic Damages
Economic damages compensate the plaintiff for all verifiable monetary loss, including current, past, and future medical expenses, bodily injuries, property loss, and lost wages.
Non-economic Damages
Non-economic damages cater for subjective losses such as pain, suffering, emotional distress, lost companionship, and much more
Punitive Damages
Punitive damages are awarded for a lesson and punishment. These damages discourage perpetrators of similar malicious behavior or actions. Punitive damages do not compensate any loss are neither economic nor non-economic.
Defenses in Car Accident Lawsuits
Common defenses for car accident claims include:
Legal Defenses
- Statutes of Limitation
Statutes of limitations take away the right to recover damages if a claim is filed later than it’s legally accepted, becoming time-barred. The statutes of limitation vary by state but average 3 years in many jurisdictions. Thus, if you’re filing a car accident claim, it may be best to consult a reliable lawyer to know the proper statute of limitations in your area and ensure you’ve brought the case in court within the deadline.
- Lack of a Legal Claim
All personal injury claims must include a legal claim because the aim of filing a personal injury claim is to recover damages. It’s illogical to claim damages without stating the loss suffered. The accused can cite the lack of a legal claim in the plaintiff complaint and successfully avoid liability.
Factual Defenses
Factual defenses or fault defenses deal with the fault or contribution of each party involved in the accident. Common factual defenses include:
- Comparative Negligence
The principle of comparative negligence is applicable in some states–pure comparative negligence states. Other states (modified comparative negligence states) use the principle of comparative negligence to resolve car accident claims. It refers to a principle in tort law which states that when an accident occurred, the negligence of each party is determined based on their contribution to the accident.
- Contributory Negligence
The principle of contributory negligence states that defendants’ or accused persons’ liability extends to their degree of responsibility or contribution. If they contributed 40% towards an accident, they should pay 40% of the total claim. The plaintiff can’t recover damages if their degree of responsibility is over 50%.
- Preventing Damages
The injured party is legally expected to avoid more injuries following an accident. They must avoid activities exposing them to injuries or more loss. Exposing themselves to injuries after an accident can be used as a defense by the defendant and the plaintiff’s award will be decreased proportionately.
Understanding car accident claims begins by knowing the basics of personal injury. Your car accident can offer invaluable advice on this subject. If you’re filing a car accident claim for the first time, keep this information in mind to help you get started.
