Requirements for Auto Accident Lawsuits
- Author Carmen Gallardo
- Published April 20, 2015
- Word count 467
Most auto accidents generally result in personal injuries and lawsuits for pain, suffering, and loss. Every state has separate laws which may apply when dealing with an auto accident. In most cases, in order to sue the driver of an automobile for personal injuries, you must show proof of negligence. In several states, lost wages and medical bills are paid off despite negligence.
Drivers Operating Automobiles
All drivers have the legal responsibility to operate their automobile in the safest way possible. Drivers should drive carefully at all times, follow the speed limit, and follow all traffic laws. When a driver is careless, he/she violates their legal responsibilities to passengers in the car and other drivers on the road. Driving safely also protects pedestrians nearby. If you are injured by a careless driver, you can sue.
Auto Injuries and Lawsuits
If you have been injured by an irresponsible driver and suffered pain or loss, you may be eligible to receive compensation. In many states, the auto injuries must be serious in order to sue. Small short term injuries are usually not enough to file a lawsuit. In states such as Michigan, minor bruises and scratches would not be grounds for a personal injury lawsuit. Permanent head injury or the loss of a limb would qualify to sue.
Victims May Share Fault
In most states, including California, the court will consider the victim’s own fault in an auto accident lawsuit. For instance, a driver would be completely at fault if he/she strikes a pedestrian in a crosswalk. However, if a pedestrian jaywalks across a busy street and is hit by a speeding vehicle, both parties would be at fault. You may receive less compensation if you are a victim in an auto accident and you also have fault for your injury.
No-Fault Benefits
Several states, such as Florida and Michigan, have laws regarding no-fault auto accidents. It is not necessary to prove that any party was negligent in order to have your medical bills paid for in a no-fault state. In an auto-related accident, your auto insurance company is responsible for paying for your medical bills and treatment. Typically, lost wages will be automatically covered in no-fault states. No-fault laws do not require proof of negligence in order for the victim to receive payments to cover wage losses and medical bills.
A Personal Injury Attorney Can Help
The laws surrounding all matters of personal injury and auto accidents can be complicated and difficult to understand. Each case is unique and therefore there are no set guidelines for every case. Personal injury lawyers handle hundreds of cases a day and have the most knowledge to guide you through the process. For more information, it is best to contact an attorney in your area for professional legal advice.
Welcome Gallardo Law Firm has two comfortable offices in Miami and Hialeah. For several years, the attorneys at Gallardo Law Firm in Miami have been defending the rights of hundreds of customers who have chosen us to represent them.
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