Getting Money to Cover Personal Injuries from a Car Accident

When you suffer injuries from car accidents, the pain and suffering and physical problems associated with those injuries may only be one part of what you are worried about. Medical bills, treatment, physical therapy and the lost time from work can also cost you a lot of money, adding financial stress to your list of concerns and problems after an accident. Fortunately, in the vast majority of cases, you are entitled to get compensation to cover the cost of your injuries, and in some cases to compensate you for your pain and suffering. However, you need to understand the rules and laws of your state to understand how to get compensation.

Injuries from Car Accidents in No Fault States

Twelve states in the US are no fault states and have a different system for getting compensation for car accident injuries. In these twelve states:

If your injuries are "serious" as defined by the law, you can sue for damages from the responsible party- including damages for pain and suffering. The definition of what is a serious enough injury to merit a lawsuit is different in each state. Some states use a quantitative verbal threshold- which means a written description describes which injuries count. Other states use a monetary threshold. No matter what the rule, typically injuries that cause you to become permanently impaired or disabled, or those that cause permanent disfigurement such as a large scar on your face, are considered serious
For non-serious injuries, you don't get to sue or collect damages from the responsible party- even if he was 100 percent at fault for the accident. Instead, every driver involved in the accident has to recover his damages from his own insurance coverage under a policy provision called personal injury protection (PIP). Damages recovered through PIP are limited to the cost of medical bills and the amount of wages lost from work missed

Injuries from Car Accidents in Fault States

The remaining states use a fault system based on tort principles. This means the person responsible pays the damages. This can happen in one of two ways:

The insurance company of the party at fault can make you an offer and you can accept it. They may make this offer after the car accident without a lawsuit being filed. If you do sue, they can make you an offer at any time before the jury announce a verdict. If you opt to accept this offer, you take the lump sum cash payment they provide and you sign a waiver of liability giving up your right to sue or recover any additional damages
You can file a lawsuit, take the case to the jury and let the jury decide. The jury will first determine if the defendant is at fault and will then determine the amount of damages you are entitled to. These damages can include compensation for medical bills and lost wages, but also compensation for pain and suffering and emotional distress you may suffer as a result of the accident. In rare cases, where the defendant was grossly negligent, punitive damages may even be awarded in some states.

Getting Help

If you suffer from car accident injuries, you should get in touch with a car accident attorney as early as you can. Your attorney can explain to you what your state laws are and whether you can recover your damages. He can help you build evidence, review a settlement or prove your case in court, depending on how you decide to recover for your damages.

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