Being involved in a car accident or truck accident can be a very traumatic experience especially if the accident was not your fault. If you have been involved in an accident and you been injured, it is common to have questions regarding the legal course of action.
Springer & Lyle is available to answer your questions, such as who pays for the damages and who will be responsible for the medical bills. It is a good idea to understand some of your basic rights in case an accident happens. Here are some helpful tips:
What is Personal Injury?
If the injury was caused by the negligence, gross negligence, or wrongful conduct of someone else. Your injuries may be the legal responsibility of the person who caused the accident. A personal injury occurs when you suffer some type of harm from the accident that was caused by another person, whether it was intentional or not.
What Constitutes Negligence?
It is important to understand that although they are referred to as “accidents”, a car wreck, truck wreck or vehicular crash cannot always be termed as an “accident.” The term “accident” implies that no one or nothing can be at blame, because nothing could have stopped it from happening. However, the fact is that most truck accidents and car accidents are the result of some type of negligence gross negligence, or bad decision-making, such as:
- Drunken driving
- Rash, reckless, or fast driving
- Defective vehicles
- Damaged roads
- Driving while texting or talking on a cell phone, or driving while distracted
- Not paying attention to safety procedures, traffic lights and signs, or caution signals
What Do Personal Injury Cases Look Like?
Accidents that are the result of negligence require an experienced personal injury attorney, such as Springer & Lyle to step in and assist you with the legal aspect of this type of situation. It is important to remember not to accept an offer from an insurance company without consulting an attorney. An experienced personal injury attorney can help by providing expertise and knowledge to assure that you receive fair compensation. At Springer Lyle, we assist with filing claims, negotiating insurance settlements with insurance companies and helping to sort through the issues in the courtroom. The majority of personal injury lawyers, including Springer & Lyle, often work on a contingent-fee basis, which means they pay collection expenses up front, and only collect their fees and expenses when the claim is successful.
What Can Be Recovered in Personal Injury Cases?
While there are several types of damages may be recovered in a personal injury lawsuit, there are really only two primary categories of damages you may receive in a lawsuit; compensatory and punitive damages.
Compensatory damages (actual damages) are designed to compensate you and any indirect victims damaged as a result of your injuries (spouse, children), which were sustained in the accident. These damages can be either economic, such as lost wages, or non-economic, such as mental anguish and physical disfigurement. Mental anguish damages are not punitive damages.
Punitive damages (exemplary damages) are awarded to punish the perpetrator of your accident if their conduct was malicious or grossly negligent, so that they will suffer economically in the hopes it changes their bad behavior. The types of compensatory damages may include:
- Mental anguish and emotional distress
- Rental car expenses
- Auto repair or replacement damages
- Loss of the care, comfort, solace and affection of a spouse or close relative
- Interest due from withheld money
- Loss of a spouse’s contribution to household maintenance and upkeep
- Physical impairment
- Medical bills
- Loss of earnings or earning capacity
- Property damage
- Pain and suffering
- Loss of wages or income