People who are involved in car accidents have certain rights that must be protected. Many people do not know their rights. They do not fight to protect themselves after they have been injured in a wreck. So what are your legal rights after you have been in a car accident? This really depends upon the situation, the damage you have incurred, and who was at fault. It always makes sense to consult with a solid attorney before taking any action. These situations are complication enough to demand professional assistance much of the time.
Filing suit under the theory of negligence
Determining fault is a major part of any accident situation. The idea behind negligence is that some party did not act reasonably, causing damage to another party in the process. One of your major legal rights is filing a lawsuit under the theory of negligence. You can claim that the other party was at fault for what happened in the accident. This will have to be proven by the evidence. If you can prove that the other party was at fault, then they can be held liable for the damage to your body and your property. The process can be long and difficult.
Claiming damages for personal injury
One of the major legal rights is the ability to file for personal injury damages. This goes well beyond simply getting repaid for medical bills. Personal injury damages can include pain and suffering, loss of consortium, and loss of future wages. A skilled attorney can help you determine just how much you should claim in a suit. It can be hard to put a dollar value on things like pain and suffering. Even with this difficulty, you have a legal right to that compensation. The goal for you and your attorney is to wrap all of the damages into one personal injury calculation.
Claiming monetary compensation for property damage
When you are involved in a car accident, extensive property damage is typical. Filing a claim for these damages is another one of your legal rights. Insurance companies will take care of this cost in most instances. There might be a time when insurance fails to cover the full damage to your property. In that case, you have the right to file a lawsuit alongside your personal injury suit. The person responsible for the accident is responsible for taking care of all of the resulting damage. Understanding this is key if you want to protect your legal rights to the fullest following a vehicle accident.
Find a Car Accident / Personal Injury Lawyer
Car accidents are complicated and implicate many legal theories. Being in touch with a good attorney is a key if you want to protect yourself from beginning of the process.
Visit San Antonio Car Accident Lawyer, Patrick Toscano, for more information about legal rights in your specific claim.
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