If you have recently been involved in a car accident, you know firsthand how life-changing it can be. Your daily routine is interrupted, you must take time to make sure your vehicle is repaired, you may need to find temporary alternative transportation, and you have to deal with incessant calls from your insurance company. If you are physically injured in the accident you have the added stress of getting, and paying for, appropriate medical care, healing from your injuries, and perhaps struggling to get through the activities of your daily life without assistance. All this burden and worry is compounded if the accident was not your fault.
You may be asking yourself, “how did this happen to me?” “What did I do to deserve this?” These are perfectly normal questions, but they are unlikely to help on your road to recovery. There are other questions, however that can get you on the right track. Consider the follow frequently asked questions regarding personal injury law and car accidents:
- Can I sue someone for money damages? If the accident was not your fault and it occurred recently, the answer is most likely “yes.” The complete answer depends on the law of your state, however. For example, the law of your state will dictate how long you have to file your claim after your injury. If you wait too long, you may lose your right to sue. In another example, some states law bars you from recovering any money damages if you were also at fault in the incident. Talking to an attorney in your area will help you determine whether you are able to make a claim against another driver.
- Is it worth my trouble to sue someone? This is a personal question that depends heavily on the facts of your case. If your injury is minor, you may think it is not worth it to file a lawsuit, but this is not always the case. Make sure that you get a full medical evaluation to identify problems that may manifest days or even weeks after the accident. It is true that filing a civil lawsuit can cost time and money, but it may be worth it to get some compensation for your injury.
- What will I need to prove in court? This answer also depends on the law of your state. Generally speaking, however, your case will center around a legal theory called “negligence.” Negligence is the failure of someone to exercise ordinary care. So, for example, if another driver runs a stop sign and hits your car, this may be a clear-cut case of negligence. You will also need to prove that the other driver’s negligence caused your injury. You will typically do this with medical records and testimony from you and perhaps your doctor.
If you have been injured in a car accident, consider calling a qualified, personal injury attorney today to discuss your case. A competent car accident lawyer Memphis, TN trusts will be able to give you additional details about the questions posed above and also answer any other questions you may have about your potential civil lawsuit.
Thank you to our friends and contributors at Darrell Castle & Associates, PLLC for their knowledge about car accidents.