Minor car accidents are merely an inconvenience; the damage they cause can either be reversed or will eventually fade away. If you get into a fender-bender when you first learn to drive, your parents might be mad that your less-than-perfect driving record will make the family’s car insurance premiums increase, but they will gradually get lower the longer you go without another accident. You will have to drive around with a dented bumper, but not forever.
You will either save the money to get it fixed or just live with it until you eventually trade your car in for a new one. If you get a minor case of whiplash injury from someone rear-ending your car, the soreness will go away in a few days. Major car accidents are another story; they can leave you with permanent injuries and limited financial options. You have probably heard of people regaining financial stability after receiving compensation in a car accident injury lawsuit, but it is not as simple as the TV ads make it sound. A lot depends on the circumstances of the accident and on the people involved. To see if you have grounds for a car accident lawsuit, discuss the details of your accident with a car accident lawyer.
What Makes a Car Accident Injury Lawsuit?
A car accident lawsuit is a type of personal injury lawsuit, which means that the following conditions must be present:
- The defendant had a legal duty to exercise reasonable caution under the given circumstances, and he or she failed to do so;
- The defendant’s actions directly caused the accident;
- The accident directly caused your injuries; and
- Your injuries caused you financial damage.
The above conditions describe most car accidents that involve serious injuries, but only a few such accidents end up in the courtroom. Most of the time, the parties’ insurance companies are able to agree on how much compensation the injured person should receive to cover medical treatment and vehicle repair or replacement.
Lawsuits Are Not a Gravy Train
If you are sure that you need and deserve more compensation than the insurance company is offering you, you have the option of filing a personal injury lawsuit. (Importantly, you can only do this if you do not sign to accept the settlement offer letter from the insurance company.) To file a successful lawsuit, you must present strong evidence that it should be the defendant’s responsibility to compensate you for your losses. Even with the best lawyer helping you, the process requires considerable work on your part, and it can take more than a year before you can collect any money. A good personal injury lawyer will be honest with you about whether the money you can expect to collect from a lawsuit is worth the effort of pursuing one.
Contact Dana and Dana About Car Accident Cases
In some cases, personal injury lawsuits are the best way to recover financially after suffering serious injuries in a car accident. Contact Dana and Dana, a personal injury law firm in Providence, Rhode Island to see if you have grounds for a lawsuit.
Mark Dana has been practicing in Rhode Island for over 25 years. He has handled hundreds of cases in courthouses throughout the state. Due to Attorney Dana’s knowledge and reputation, he can often be seen appearing as the legal commentator for NBC 10 in Providence.