Going through a car collision is a traumatic and distressing experience. Even if you take every precaution and are careful on the road, the negligence of another can lead to a collision. In such cases, where the other party is at fault, seeking financial compensation for your damages is a wise choice. Although monetary compensation may not repay you for your trauma, it can help reduce the financial strain you may face due to the incident.
Although it may seem easy to simply file suit against the party at fault, the entire process is more nuanced and intricate than it seems. Many variables can influence the verdict and can significantly impact your compensation. In such cases, it is best to hire a personal injury lawyer before reaching out to the insurance company.
Sometimes the major fault may be the other driver, but a simple thing such as not wearing a seatbelt can be used against you. Seatbelts allow your body to remain restricted at times of impact or during a sudden break. Due to the restraint, seatbelts save you from exiting the vehicle at high velocity or striking the dashboard or steering wheel. This is why it is essential that they must be worn at all times. Seatbelts are not only important when it comes to driver and passenger safety, they are also required by Delaware law to be worn by the driver and all passengers.
In the case of automobile collisions, damages are paid to the victim based on the value of the damage to the vehicle, the severity of their injuries, and a few other factors. If the victim is also found to be at fault, comparative negligence comes into play. Comparative negligence states that regardless of who primarily caused the accident, an injured party will be held partially responsible if their negligent action or inaction also contributed to the accident or injuries.
In some states, you are compensated even if you are found to be 99.9% negligent based on comparative negligence. But in certain states such as Georgia and Delaware, if you are proven more than 49% negligent in a case based on comparative negligence, your entire case can be dismissed. If that happens, you will receive no compensation.
In certain states such as Georgia, the seat belt defense can be used as a type of negligence. This means that if you were not wearing a seatbelt at the time of the accident, you are also partially responsible for the injuries you sustained. However, this defense is not used in all states. In states like Delaware, although Comparative Negligence is applicable, the seat belt defense is not used.
The compensation received in automobile accident cases are based on various damages. Any costs incurred for the treatment of your injuries such as hospital bills, medications and/or physiotherapy, are eligible for compensation. You are also compensated for the damage to your car. According to the lawyers at Doroshow Pasquale Krawitz & Bhaya Law Offices, you have the right to make claims for lost wages, which is normally 80% of your gross earnings for the amount that the doctor has prescribed you to stay out of work. You can also get compensation for non-economic losses such as pain and mental anguish.
Car crash cases are intricate cases and the amount of compensation depends on the circumstances around the accident. The legal notice is usually sent to the insurance company of the car of the driver at fault. These companies tend to defend their cases very strongly and will try their best to get you to settle for less than what you deserve. It is essential that once you have recuperated from your injuries, you contact an experienced personal injury attorney who can guide you in the process and help you get the justice that you deserve.
