Personal Injury Attorney . When you\u2019re involved in a car accident, who you can sue will depend on a range of factors. \u00a0Factors include\u00a0your state\u2019s laws and details about who else was involved and at fault. Generally speaking, you can sue anyone who was in the crash, but specifics really matter when it comes to negligence.<\/p>\n
Car accident cases have a lot of limitations by design. Many states have laws governing and limiting these negligence claims to particular circumstances, and insurance is expected to cover most claims arising on the road. So let\u2019s briefly look at proving negligence and when suing is the right thing to do.
\nWhen to Sue<\/p>\n
Assuming there is no state law limitation and that you have serious damages that cannot or will not be covered by insurance, you should file a negligence lawsuit. In a personal injury suit, if proven, you can recover medical expenses, wages lost due to time away from work, future care costs, and sometimes pain and suffering and other compensatory damages. These are meant to compensate monetarily for the negligence of the defendant.<\/p>\n
To show a defendant was negligent, a plaintiff must prove four elements: duty, breach, causation, and harm (sometimes called damages). You then must show the defendant driver owed you a duty of care, which was breached, causing you a harm for which you seek compensation.<\/p>\n
Who to Sue<\/p>\n
You sue whoever is involved in the accident and was arguably negligent. If you were in an accident with a professional driver working for a commercial entity you might also consider the driver\u2019s employer as a defendant. In that type of situation, you would look for negligence in the hiring process, for example, asking whether the driver was properly licensed and trained.<\/p>\n
Choosing the appropriate defendant will depend on the details of your accident, how many drivers were involved, and who might be blamed, as well as state laws. There are many questions that you\u2019re unlikely to answer authoritatively on your own and are best discussed with a personal injury attorney.<\/p>\n
Talk to a Personal Injury Attorney<\/p>\n
If you have been injured in a car accident with one or multiple drivers, talk to a personal injury attorney\u00a0and tell your story. Counsel can advise you on insurance claims and negligence cases. Get guidance. find law.com<\/p>\n
Since 1989, the personal injury lawyers of Clekis Law Firm have been representing injured people and their families in Charleston and throughout the Low Country. At the Clekis Law Firm our clients always come first. If you or a loved one has suffered a serious personal injury due to the negligence of another, don\u2019t be victimized twice. You need someone on your side to help you with your personal injury case and obtain the fair and reasonable compensation that you deserve. Call Clekis at 843.779.1160!<\/p>\n","protected":false},"excerpt":{"rendered":"
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