Many people ask whether they can receive financial compensation after an automobile accident. The question that often follows is whether a civil claim is a better option than just seeking compensation through an insurance claim.
First, it is important to understand the difference between those options. A personal injury lawsuit is a civil claim that you would bring against the person, entity, or business that injured you based on negligence. Insurance covers compensating you for property and physical losses from an accident.
Even if you have been injured in an automobile accident, that does not mean that a lawsuit is a sure bet. To have a compensable case, a few factors must be present, and each is discussed fully below. Obviously, you must have an injury, not just property damage to your vehicle. The accident must also be caused by another person’s negligence, meaning that they knew or should have known of a risk and ignored it. Finally, the damages you have suffered must be recoverable. If you have been in an accident, it is important to meet with an experienced automobile accident attorney to decide whether these factors are met in your case.
Question One—Have You Experienced a Personal Injury?
Injuries to either the body or mind can be compensated foreign a civil suit. A personal injury can be physical or psychological, and is distinguishable from injuries to your property, such as your vehicle. So if you have whiplash or a broken ankle after an automobile accident, you have experienced a personal injury. Similarly, if you have post traumatic stress, anxiety, or some other mental injury after an accident, you also have a personal injury.
Question Two—Did Some Other Entity’s Negligence Cause your Personal Injury?
An unavoidable accident that causes you a personal injury may not be compensable. In order to have a claim, your injuries need to have been caused by another person, company, or government entity’s negligence. Again, that means that the other person new or should have known of a risk and ignored it. They were careless. Understanding what is and what is not negligence calls for a lawyer’s expertise, and a skilled attorney can advise you regarding whether the injuries you have suffered are a result of another’s negligence.
Question Three—Do you have recoverable damages?
Recoverable damages is a term that has two meanings. First, it means that the personal injury you have experienced can be made up for financially. That means that it must be quantifiable. Medical bills you have paid, days you have been forced to miss work, a reduction in pay, your lowered quality of life, physical pain you have endured—all of these damages are quantifiable and recoverable with the help of an attorney.
Second, your damages must be recoverable. That means that the person who injured you negligently must have sufficient assets or insurance to pay any settlement you receive. If you have been negligently injured and have compassable injuries, you may still not have a good case if the person who injured you is uninsured and unemployed.
Contact our experienced Mississippi automobile accident attorneys today to determine whether an insurance claim or a civil claim is right for you.
Call the Mississippi Automobile Accident Attorney at Barrett Law Firm at (601) 790-1505 now. Deciding to accept an insurance settlement or choosing to file a personal injury lawsuit may significant consequences and requires an attorney with extensive experience with this sort of decision. Barrett Law can provide you with that sort of advice and can help you protect your livelihood and future.