Compensation Available for a Car Accident Injury

If you have suffered from car accident injuries, you may be worrying about the compensation that is available to you. After all, car accident injuries can be serious, sometimes fatal, and almost always very expensive. By the time you add up medical bills, lost wages and all the other costs associated with car accident injuries, the medical bills can be enough to bankrupt you, unless you can get compensation.

What Compensation is Available for Car Accident Injuries?

The compensation that is available for car accident injuries varies depending on many different factors. Key factors that determine the appropriate method and amount of compensation include ho was responsible for the car accident, as well as where you live and how serious your injuries are. To determine what compensation may be available, consider the following questions:

  • Do you live in a no fault state?

If you live in one of the 12 no fault states, then you were required to buy personal injury protection (PIP) when you bought your car insurance. This coverage will provide you with compensation for car accidents wherein your injuries aren't considered serious, no matter who was at fault. In fact, you are not permitted to sue and you are limited to recovering from PIP unless your injuries meet the laws definition of "seriousness." PIP usually covers medical bills and lost wages only. If your injuries are "serious" (which usually means they are permanent or they caused you to be disfigured or disabled) then you can sue the responsible driver for additional damages.

  • Were you at fault for the accident?

If you don't live in a no fault state and you caused the accident yourself, you may not be able to recover very much. If you purchased optional collision coverage, then you can recover compensation for your vehicle. If you bought some type of medical injury protection, you can recover compensation for your medical injuries. Otherwise, you really can't recover much- if anything- at all.

  • Was someone else at fault in a tort state?

If so, then you can recover your damages from this driver who caused the accident. You can either accept an out-of-court offer from his insurance company (they will probably make such an offer, either before you file any lawsuits or even after you have filed a lawsuit before the case gets to a jury) or you can go through with a lawsuit and recover damages as determined by a jury. Potential damages include medical bills, lost wages, pain and suffering, emotional distress, punitive damages (in rare cases where the defendant was grossly negligent) and/or wrongful death damages.

Getting Legal Help

If you have been the victim of a car accident injury, it is imperative you speak with an experienced personal injury lawyer as soon as possible. Your personal injury attorney can explain to you what your options are for recovering compensation for car accident injuries. He can help you evaluate a settlement offer, negotiate with an insurer, or even file a lawsuit if that is what you need to do to get the damages you deserve.

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