Auto accidents are one of the leading causes of both accidental injuries and premature deaths across the entire United States. As a result, they also serve as one of the most common grounds for personal injury litigation. However, because they happen so often, each state imposes numerous specific rules and restrictions on people who may want to file these types of claims. Pursuing a case without a thorough understanding of those regulations can be a recipe for disaster.
For a fair chance at getting proper financial restitution after a motor vehicle collision caused by someone else, you should seek help from a seasoned car accident lawyer who has handled these types of cases effectively in the past. At Phillips Law Group, we are dedicated to achieving the best possible case results, even if it requires going to court rather than negotiating a private settlement. Once retained, our experienced personal injury attorneys work diligently to protect your rights while minimizing additional stress on you and your loved ones.
When Is It Possible to Sue Over a Car Accident?
Most successful car accident lawsuits in the United States are built around the legal theory of “negligence,” under which someone who inadvertently injures another person through a reckless or careless action, violating a “duty of care,” may be held financially accountable for any resulting damages. Since every motor vehicle driver has a “duty of care” to obey traffic laws and keep their focus entirely on driving, most legal “breaches of duty” in this context involve a traffic offense, an illegal act such as drunk driving, or irresponsible behavior like driving while distracted.
Unfortunately, not every state allows residents to immediately start a lawsuit after getting hurt in a wreck, even if someone else is entirely at fault. As a knowledgeable auto collision attorney can further explain, people living in so-called “no-fault” states may be required to exhaust car insurance coverage before pursuing civil litigation. Even then, they may not be allowed to sue if they have certain types of insurance or did not suffer a severe injury.
Getting Paid Fairly While Avoiding Comparative Fault
Another common obstacle to effective civil recovery after auto accidents is “comparative negligence”—in other words, the degree of fault an injured person holds for their injuries due to their negligence. Different states take slightly different approaches to this legal concept, but generally, someone assigned a percentage of “comparative fault” for an accident may have their final damages award reduced in proportion to that percentage.
This can be a huge problem when it comes to recovering from long-term damages after accidents resulting in permanent injuries, such as lost working capacity, physical pain, and psychological suffering. A motor vehicle wreck lawyer from Phillips Law Group can discuss this possible legal roadblock in further detail during a free, no-obligation consultation and offer advice about how to navigate around it.
Contact An Experienced Auto Crash Attorney Today
No one deserves to be injured due to another person’s misconduct. Nevertheless, it happens daily on America’s many roads and highways, sometimes with life-altering and even fatal results.
Fortunately, you can demand comprehensive compensation for the harm you have unfairly sustained with help from the car accident lawyers at Phillips Law Group. Our firm has proudly served the community as a locally owned and operated firm for 30 years. Call today to speak with a member of our legal team about your possible claim.
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