Understanding the Different Legal Claim Types After a Car Accident

After a car accident, there are different actions that those involved sometimes pursue. You might try to file one of these actions yourself, or you might be on the receiving end of one of them. You should know about them and what some of the associated terminology means.

There are multiple car accident legal claims, just as there are various car accident types. This is an overview of the main ones.

Property Damage Claims

Lawyers call the first type of car accident legal claim that exists a property damage claim. These types of claims:

• Deal with property damage rather than personal injury
• Might have to do with vehicle damage or damage to other property that the accident caused

The most critical factor in a property damage claim is who was responsible for the accident. Very seldom is it a “no-fault accident,” where the lawyers or insurance investigators can hold neither party liable for what occurred.

Once you can figure out whose fault it was, you can determine who pays for the damages. Depending on what insurance the party at fault does or doesn’t have, they may have to pay a judgment out of pocket.

The damage could be a minor scratch or significant bodywork. If the car is what insurance companies call a total loss, then the at-fault driver must pay for its full market value.

Bodily Injury Claims

The other type of car accident claim is the bodily injury claim. These might include:

• Pain and suffering claims
• Personal injury insurance claims
• Wrongful death lawsuits

Pain and Suffering Claims

If you’re trying to get a dollar amount for your pain and suffering after an accident, then that may include medical bill costs and income loss. Then, there is the X-factor: how much pain you went through, resulting from the accident. For instance, if you suffered whiplash and a broken femur, what is that worth?

There are computer programs that some insurance companies and lawyer’s offices use to determine these things. It is far from an exact science, but it does stand to reason that you’ll want more money for a severe injury than you’d get for a couple of scratches.

Personal Injury Insurance Claims

With personal injury insurance claims, the aim is the same as with pain and suffering. You’re trying to get money from the driver whose fault it was.

However, you’re trying to get that money out of their insurance company. You’re going to have to prove to that company what happened to get them to pay out.

The optimal way to go about it is to gather as much evidence as you can about the accident. That might involve eyewitness or first responder reports. The material evidence from the accident scene will likely come in handy.

Your lawyer might hire their own investigator to examine the scene. They’ll look at debris, skid marks, and photos or video if any exists. They might look at traffic camera or store footage if there are businesses around.

Remember that the other driver’s insurance company might contest some of the findings. They’re not eager to pay out a vast sum of money without having their say about what they think happened.

Wrongful Death Lawsuits

Wrongful death lawsuits are a particular kind of legal claim that you might pursue after a car accident where a fatality took place. Maybe a drunk driver hit your car, killing your passenger.

Wrongful death suits are all about proving the other driver’s negligence. A drunk driver, or one who did recreational drugs before getting behind the wheel, might be looking at gross negligence or depraved indifference.

If that’s what happened, then you have a good chance of winning your case. Distracted driving might be another cause for a fatal car wreck. If you can prove that’s what happened, you might win a judgment on the deceased’s behalf.

Since there are several different kinds of car accident lawsuits, and each one has its own protocol, you should always hire a lawyer, regardless of which end of the suit you’re on. You want a legal professional who has had similar cases to yours in the past.

Look at their credentials, and also look over their client reviews and feedback online. If they have a long track record of winning cases like yours, then that’s who you want.

There’s too much to lose in a car accident case to try and make a go of it on your own.