If you were a passenger in a car accident and sustainedmotor vehicle crash injuries, you can likely sue to recover the damages you suffered or file an insurance claim. Generally, you will have a legal right to file a lawsuit as long as time remains and no other legal exclusions apply to your case. However, this is not always necessary.
Some passengers who get hurt in car accidents may not know how to file a claim—especially if the crash involves multiple parties. If this is your situation, anaccident lawyer may be able to help you reach an out-of-court settlement by preparing a compelling case, filing an auto liability insurance claim, and attempting to negotiate a fair settlement based on the evidence they collect of your related losses and expenses.
Building a Case as an Injured Car Accident Passenger
Identifying the liable party in a car accident case is often the key to getting financial recovery if you were a passenger in an accident. The facts of the accident may make this apparent, or your case could be somewhat more complex. However, a car accident attorney will be able to gather evidence to help you establish:
- The cause of the car accident
- How all parties were involved
- Who the primarily liable party is
- Which insurance company and policy to file a claim against
- What fair compensation might look like in your case
The most common ways to recover compensation in these cases is through a personal injury claim or lawsuit. You will be able to build a case against the party who caused the crash by collecting evidence to support your claim. This may include:
- The police report filed for the accident
- Eyewitness statements
- Pictures and video footage of the crash and from the accident scene
- Other physical evidence
- Your relevant medical records
- Documentation of your losses, such as medical bills, receipts, and other paperwork
Once you have a case that shows negligence, liability, and damages, you have enough to file an insurance claim and pursue a fair payout. Your personal injury attorney will help you with this process and handle all communications with the insurer so that your rights remain protected during this process. If there is a problem recovering fair compensation through the insurance company, a personal injury lawsuit may be necessary.
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How Car Accident Cases Work
When a driver causes a crash, they are typically legally responsible for the injuries that occur and the other damages suffered by others involved. This is true whether the victim suffers minor, moderate, or permanent injuries. This happens because drivers have a duty of care to follow all traffic laws and prevent crashes.
When a driver violates a traffic law, it could cause a collision. Any non-drivers who suffer injuries in these crashes can file passenger injury claims or sue the negligent driver to recover compensation. An experienced lawyer knows how to build these cases and seek an appropriate payout from the responsible driver or their insurance company.
As a Passenger, You Can Pursue Compensation Even If the Driver of Your Vehicle Was at Fault
Some injured passengers are upset by the prospect of recovering compensation if their friend or family member was the at-fault driver in the car accident that caused their injuries. However, it is critical to remember that you will likely be filing a claim based on their auto liability insurance policy. Third-party claims are the most effective way to recover compensation without taking funds from your friend or family member, even if they were the at-fault party.
Auto liability insurance compensates accident victims for their losses without affecting the policyholder’s savings, home, or other assets. While it could raise their insurance rates, you can likely pursue compensation through an accident claim without it affecting your friend or family member’s finances in a significant way. Your attorney can help you understand more about this process.
Pursuing Damages as a Passenger in a Car Accident
While the time limits for taking legal action vary by state, they may be as short as one year from the time of the accident. If you suffered injuries but miss this deadline, recovering a fair payout for your damages can be difficult. This makes it paramount that you discuss your options with an auto accident lawyer as soon as possible after a crash.
The damages available, if you can prove you were a victim of someone else’s negligence, may include compensation to pay for:
- Current and future medical expenses for your accident injuries
- Ongoing and future lost income and diminished earning capacity
- Property damages, such as the replacement of your glasses, phone, and other items
- Pain and suffering damages
- Other non-economic damages
- Wrongful death damages if a member of your family passed away in a car accident
Building a compelling case, collecting evidence of your damages, and demanding a fair payout during the insurance claims process are all significant parts of recovering the damages you deserve based on the facts of your case. Having a personal injury accident attorney on your side who can fight for you may lower the stress you face and help you get the payout you need.
Other Things You Can Do to Prepare Your Passenger Lawsuit Case After a Car Accident
Getting into a traffic accident is often stressful for everyone involved, including passengers. It is important to receive prompt medical care and rest as much as possible so you can recover. Still, there are things you should do to help your insurance claim or lawsuit if you sue for damages in a passenger car accident case.
Complete All Your Post-Car Accident Medical Care
You should follow your medical professional’s advice regarding your recovery and ensure your medical records reflect this. This documentation is important for several reasons. It shows that the accident directly caused your injury. It also shows you suffered economic and non-economic losses because of missing work and other activities due to the accident.
The insurance company or liable party can challenge your claims if you do not complete medical treatment or get medical care soon after getting hurt in a car accident. They can state that your delay in getting help worsened your injury or that something else caused it instead of the accident. This could lead them to try to deny insurance coverage for the medical attention you required.
Track Your Financial Losses from the Accident
You should keep track of every accident-related expense, including any damaged personal property. You can also keep a daily journal documenting how the accident affected your life. These may be any changes you had to make to your routine, how much pain you experience daily, how much medicine you take, and other details that show the extent of your non-financial damages. All these things can help your attorney fight for your recovery.
Talk to Our Car Accident Attorney About Your Case
Passengers hurt in car accidents can seek to hold the liable party responsible for the damages they suffer. If you suffered injuries and losses while riding in a vehicle that got into a collision, an attorney from the Morris Bart law firm can review your case. We may be able to help you pursue compensation for the damages you sustained. We have lawyers available to review your case across the Gulf South. We have 15 offices in Louisiana, Mississippi, Alabama, and Arkansas.
Let one of our experienced car accident lawyers evaluate the merits of your case for free. We can help you identify the liable party or parties and take action to recover compensation if possible.
Contact us now to speak to an attorney about your car accident case.
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