The liable party should pay for physical therapy after a car accident. When a driver acts carelessly or recklessly and causes a crash, they are legally responsible for the injuries that occur, treatment for those injuries, and other related expenses. This includes hospitalization, treatment, physical therapy, and rehabilitation.
If you suffered injuries in a crash and need physical therapy and other treatment, working with a car accident lawyer can make it easier to recover the money you need while focusing on your health. It is often difficult to juggle ongoing therapies and your auto accident case. Attorneys generally represent crash victims with no upfront fees.
Recoverable Damages in an Auto Accident Case
Auto liability insurance claims or lawsuits aim to recover fair compensation for a crash victim, ensuring they do not have to shoulder the financial burden of a crash they did not cause. By filing a claim or civil suit, the victim seeks to recover compensation from the at-fault driver or their insurance company.
The recoverable damages vary greatly from case to case. This is because the damages you can recover depend on the specific expenses and losses you incurred. No two cases are identical, even if the accidents or injuries are similar. Several factors play a role in the potential value of these damages.
As a part of building the case, victims must identify their recoverable damages and document their value. A car accident attorney can handle this process if you choose to work with one. Some examples of commonly recovered damages include:
- Current and future medical treatment and any related care
- Ongoing care and support costs for long-term injuries
- Current and future lost income from time missed working
- Diminished earning capacity if there are lasting impairments
- Property damages, including damage to your vehicle
- Pain and suffering
- Other non-economic damages, such as mental anguish and lost enjoyment of life
- Wrongful death damages as incurred by surviving family members
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You Must Prove Another Party Caused the Crash to Recover Damages
Many states follow fault-based laws after car accidents. This allows victims to seek compensation from the driver who caused their crash, demanding fair compensation from their insurance carrier or suing them in court. Holding the at-fault driver legally responsible and recovering damages requires showing negligence occurred.
There are four elements of negligence:
- Duty of care: The at-fault party owed the victim a duty of care, often to follow certain traffic laws.
- Breach of duty: They violated traffic laws, breaching the duty of care.
- Causation: Their action or inaction was the proximate cause of the crash.
- Damages: The victim suffered financial, physical, and emotional damages because of the accident.
Evidence Can Be Used to Prove Negligence After a Car Accident
An investigation is necessary to determine if the at-fault driver acted negligently. The investigation should uncover enough evidence to build a compelling case against the negligent party. Evidence in these cases often includes:
- The accident report filed by police officers at the scene
- Witness statements
- Videos and photos of the crash
- An accident scene survey
- Accident reconstruction
- Physical evidence
- Relevant medical records
- Expert input on prognosis and future care expenses
- Documentation of the damages
If you hire a car accident lawyer to manage your case, they will handle this process while you continue to attend physical therapy and take other steps to recover from your injuries physically. Your lawyer will know what it takes to build a convincing case and how to present it to the insurance adjuster.
How Can You Get the Money You Need to Pay Your Bills?
There are usually two ways to recover compensation for medical care and other costs after a car accident. You can negotiate a fair settlement with the driver’s insurance company or sue them and ask for an appropriate court award.
Many car accident victims who recover compensation do so through an insurance settlement. The victim or their attorney negotiates with the insurance adjuster until they agree on an amount. The victim signs a release stating they will not pursue further action in the case, and the insurer issues a check. This is a common resolution in these cases.
If a lawsuit is necessary, be aware of the deadlines for getting started. Each state has a statute of limitations that sets a general filing deadline. This varies, usually between one and three years. Certain exceptions may give you even less time to file, so it is best to get started on your case as soon as you can.
How Can an Auto Accident Lawyer Help You Manage Your Case?
Some crash victims want to manage their cases on their own. While this is possible, it is not usually the easiest route. Navigating the legal process after a car accident is complex, time-consuming, and often frustrating.
Hiring an auto accident lawyer to manage this process allows you to continue your physical therapy and focus on your treatment. The legal team will take care of everything else. The advantages of having a car accident attorney on your side include:
- They understand this process and know what to do next
- They protect clients’ rights from the first day
- They have the resources and experience to uncover the necessary evidence
- They can more accurately estimate a case’s potential settlement range
- They know proven negotiation techniques to use with insurance adjusters
- They will fight for the client’s best interests
Most personal injury firms represent clients on a contingency-fee basis. They do not ask crash victims to pay a retainer or other upfront fees. Instead, their attorney’s fees come from the money recovered. If the victim does not get paid, they owe nothing.
Discuss Your Car Accident Case With an Attorney for Free
Our auto accident lawyers at the Morris Bart law firm provide free initial consultations for crash victims. We help clients pursue compensation for a wide range of medical needs related to their car accidents, including physical therapy. We operate 15 offices and serve Louisiana, Mississippi, Alabama, and Arkansas.
Connect with our team to talk to a car accident lawyer for free today.You don’t have to spend another minute feeling uncertain about your child’s future. Instead, you can partner with our team in Little Elm. We can go toe-to-toe with the prosecution and advocate for the best possible outcome. To learn more, call now.
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