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Time off from work
Another reason why you have the right to sue as a passenger in a car accident is that your injuries have the potential to affect your quality of life. If your injuries are serious enough to cause you to take time off from work, that is money you are missing out on. Even worse, you are missing out on this money due to another person’s negligence. Your injuries can be so catastrophic that they affect your ability to make a living in your chosen profession. You may have to come to terms with the fact that you can never perform your job duties again following your accident.
Claiming pain and suffering in a car accident case
Another reason you deserve to sue for compensation as a passenger is the pain you will experience following your accident. Insurance companies may underestimate the pain from your injuries. You may appear fine a few minutes after your accident and experience serious back or neck pain a few days afterward.
In addition to the physical pain, significant mental trauma can haunt you following your accident. You may experience a form of PTSD where it is very difficult for you to travel inside a car for a while. Based on your accident’s seriousness, you can experience a sense of anxiety just thinking about it.
Determining the worth of your claim
You must account for all of these damages when considering the amount of compensation you deserve from your accident. The compensation you request must be enough to cover each of these damages. When determining the worth of your claim, there are several factors that lawyers will weigh. These factors can even determine whether a lawyer will even accept your claim or not.
The severity of your injuries
One of the most crucial factors in your case is how severe your injuries are. Judges and jurors are more prone to reward greater compensation to victims who have suffered catastrophic injuries. Catastrophic injuries are injuries that cause victims to experience permanent disabilities.
The chances of recovering from these injuries are slim to none, which is why you are entitled to larger compensation amounts. If you suffer minor or moderate injuries, you can still be rewarded compensation, but it will not be as high as the compensation for catastrophic injuries.
Possibility of recovery
Another factor determining the worth of your claim is whether you will fully recover from your injuries. Because you will be required to pay for medical expenses for the rest of your life, depending on the severity of your injury, judges and jurors will reward higher compensation to victims with little chance of recovery. The less likely it is that you will recover from your injuries, the more likely you can receive higher compensation for your claim.
Impact of your injuries moving forward
Another important factor lawyers will consider when determining the worth of your claim is how your injuries will affect the rest of your life. Referring back to catastrophic injuries, these are injuries that will impact every aspect of your life.
The job you can work, the hobbies you can enjoy, the amount of time you can spend with family and friends, and even your mental health can be substantially affected by your catastrophic injury. Compared to minor or moderate injuries that will only impact you for a temporary amount of time, the worth of your claim is guaranteed to increase.
Proving the other driver’s liability
Another important factor affecting your claim’s worth is the ability to prove the other driver’s liability in your lawsuit. Your injuries can be so severe that it is without question that they will affect you for the rest of your life. If you cannot effectively prove the other driver’s liability in your accident, it will not matter. While proving liability will not be as easy as it sounds, there should be some evidence that can paint a picture of how the driver’s actions contributed to your accident.
Driver negligence
One of the most common examples used to prove a driver’s liability is to refer to their negligent actions. There are many driving behaviors that drivers commit that are considered negligent.
Some of the examples include deciding to ignore traffic laws, distracted driving, speeding, tailgating, and cutting other drivers off. In some instances, failing to maintain the upkeep of a vehicle can also be an example of negligence. As long as evidence validates whether these actions contributed to your accident, you are more likely to receive compensation.
Car manufacturer negligence
Some car accidents occur as the result of a car manufacturer’s negligence. Car manufacturers can create serious accidents when they fail to do their due diligence and design safe and reliable vehicle parts. You might discover that the tires in the driver’s vehicle had a defect that led to your accident. If this is the case, you can file a lawsuit against the car manufacturer and request compensation from them.
Receiving compensation from insurance companies
The company that will be responsible for issuing your compensation is the other driver’s insurance company. For your car accident lawsuit to be resolved through a settlement, you must reach a compromise with the insurance company about your preferred compensation.
Insurance adjusters give drivers a hard time trying to fight for compensation. You know the insurance companies will make it extremely difficult for you as a passenger to receive your fair compensation. Fortunately, there are allies whose resources you can use to be successful in your lawsuit, mainly lawyers.
Hiring a lawyer for your car accident case
Even if you do not want your lawsuit to progress into a trial, hiring a lawyer can improve your chances of reaching the settlement you deserve. Lawyers do more than just argue in court. Depending on when you reach out to a lawyer, he or she can add value to your lawsuit from beginning to end. Here are some of the benefits that lawyers can bring to your claim.
Calculating your damages
Your lawyer can evaluate the worth of your claim and bring some clarity to how much you can receive for your damages. Instead of relying on the statements made by insurance adjusters about your damages, a lawyer can assess each damage and determine what each one is worth. Lawyers can even include damages you may not consider in your claim.
Fighting for your just compensation
Lawyers can help you fight properly for your just compensation. As a passenger in a car accident, you will already be fighting opinions about whether or not you deserve compensation.
Insurance companies will use this attitude to their advantage and point out all discrepancies in your claim. Insurance companies will also resort to dirty tactics that paint you as a liar at best and an opportunist at worst. Lawyers are familiar with the dirty tactics that insurance companies use and can advise you on how to proceed accordingly.
Providing quality legal advice
Some of the best advice lawyers offer is to limit your communication with insurance companies. If insurance adjusters tell you that you are required to speak with them without your attorney, they are lying to you. You can let insurance adjusters know to get in touch with your attorney from now on if they keep harassing you.
More advice that will benefit your lawsuit: Monitor your social media profiles and your activity around town more carefully. Insurance adjusters will use your information against you if you allow them. It is common for insurance adjusters to follow you around town and take pictures of you performing contradictory tasks like playing a physically demanding sport.
Representing you in court
Even though your claim may result in a settlement, insurance companies can try to stall your claim by refusing to compromise with you. Your lawyer will allow your claim to proceed to trial when you are in this predicament. Taking your claim to trial benefits you for several reasons.
During a trial, you might recover more forms of compensation, such as punitive damages. That means that if the other driver’s actions were so grossly negligent, the judge will order them to reward you with punitive damage that the driver will have to pay. This prevents not only the other driver but other drivers in the future from committing the same acts.
Another benefit is that insurance companies may quickly reach a settlement agreement when a trial is in session. Insurance companies know that you are more likely to seek empathy from either the judge or a jury and have a greater chance of being rewarded your compensation. It is common for insurance companies to reconsider your settlement demands when your trial is closing.
Speak with a car accident lawyer today
As a passenger in a car accident, you deserve to receive just compensation from a car accident. You have the right to exercise your legal rights and seek compensation from the negligent driver who caused your accident. Call an experienced car accident attorney today to schedule a consultation.
