Car Accident Lawsuits – Frequently Asked Questions
Auto Accident Lawyer
Getting hurt in a car accident is likely not on your bucket list. In fact, it can be one of the worst events in your life, especially if you suffer an injury. Fortunately, if you were hurt in a car accident at no fault of your own, you may be able to use the legal system by filing a personal injury lawsuit to get paid money damages for your injuries. Although money is never enough to make you truly whole, it can be valuable and important for your recovery.
The best way to pursue a personal injury claim is to hire a personal injury attorney who specializes in car accident cases. Your attorney will help you analyze the facts of your case, apply the law in your local area, and aid you in putting on the best case possible for the judge and jury. In the meantime, however, consider the following frequently asked questions and answers regarding car accident personal injury cases:
- How do I file a personal injury lawsuit? You can file a personal injury lawsuit by writing a legal document most often called a “complaint” and submitting it to the clerk of your local court. The “complaint” lays out the allegations you are making against the defendant. Typically, it must be in a certain format, it must include certain allegations or “elements” that you will later have to prove in court, and it must be filed in the correct court. Otherwise, you risk having your case dismissed before it even gets started. It is very important to consult with an attorney when drafting and filing your complaint.
- What if I am partially at fault for causing the accident? The answer to this question depends on the law in your state. Some states say that if you were at fault at all for your injuries, you cannot recover any money in a personal injury lawsuit. Other states say that if you were 50% at fault, you can only recover for 50% of your injuries. If you think the defendant in your case may say that the accident was at least partially your fault, you will need to be prepared to defend against these allegations in court.
- How much money can I win in my lawsuit? This depends greatly on the extent of your injuries and other facts of your case. As discussed above, it can depend on whether a judge or jury determines that you were also at fault in the accident. It also depends on you being able to offer evidence of your damages. Such evidence may include medical records, pharmacy records, testimony from your doctor or other medical experts, testimony from you about your health before and after the accident, and testimony from your loved ones who can corroborate your own testimony.
As you can see, these questions and answers only lead to more questions. The civil legal system can be complicated and it is important to consult with a qualified and experienced auto accident lawyer Charlottesville, VA trusts who can help you with your claim.
Thanks to MartinWren, P.C. for their insight into personal injury law and common questions about car accidents.
Posted on March 9, 2019 @ 5:56 pm