Motor Vehicle Accidents

According to the National Highway Traffic Safety Administration (NHTSA), someone is involved in a car accident every ten seconds in the United States. This high frequency of car accidents makes motor vehicle accidents the most common personal injury cases in the courts today. In most states, motor vehicle accidents are covered by negligence law, although some states have laws (known as “no-fault” laws) that state that the driver that caused the accident is irrelevant to the case. Generally, however, motor vehicle drivers have to use the amount of care that a reasonable person would employ under the circumstances. Negligence is failing to use reasonable care. Drivers who are found to be negligent may be required to pay damages for causing any injury to other people and any vehicle damages. To collect these damages, the injured party (known as the plaintiff) must show some facts about the other driver (known as the defendant) and the accident. The plaintiff must show that he or she was injured, that the defendant was negligent, that the defendant’s negligence caused the accident, and that the accident caused the plaintiff’s injuries. If you were in a motor vehicle accident, a personal injury lawyer with experience in motor vehicle accidents can give you legal advice on how to best protect yourself and your interests.

In general, a person who is injured in a car accident can be compensated for the actual costs of their medical expenses, property damage, economic damages (such as loss of income), as well as physical and emotional pain and suffering. Lawsuits over motor vehicles accidents can be very complex. In order to get the amount of compensation to which you are entitled, you should speak with a personal injury attorney who is experienced in motor vehicle accidents and compensation.

In all negligence cases, including car accidents, the injured person may be compensated for the costs of medical and rehabilitative services, physical and mental pain and suffering, lost income (both past and future), permanent injury or impairment and permanent scarring or disfigurement. Other damages that are typical in motor vehicle accident cases include physical property damage, reasonably foreseeable medical expenses, and loss of enjoyment of life. Just because you had a previous injury does not necessarily bar you from being compensated for new injuries. An injured party may still be compensated for worsening or exacerbating an old injury. A good way for a person injured in an accident to document how his or her injuries affect their life is to keep a diary or journal that describes how the injury affects him or her every day as well as his or her immediate family. This diary or journal will be helpful in determining the type and amount of compensation that is appropriate.

In addition to compensation received by the person injured in the car accident, the injured person’s spouse may also be eligible for compensation. A spouse can recover for harm to the marital relationship, known as “loss of consortium.” Generally, both the husband and the wife ask for this type of compensation. Loss of consortium refers to any harm to the marital relationship that was caused by the accident. This harm may include loss of the spouse’s love, companionship, reassurance, affection, consolation, moral support, sexual relationship, ability to have children, as well as the spouse’s physical assistance in operation and maintenance of a home. Loss of consortium does not have to be permanent, it can also be temporary. The children of injured parents also have a claim for loss of consortium.