Car Accident Lawsuit

In a car accident, there can be several victims - the driver of the vehicle, his or her passengers, the occupants of another vehicle, pedestrians and bystanders. The consequences of the vehicular mishap can lead to accident injuries or even death to the victims. As their legal recourse, the victims or their families can file car accident lawsuits to indemnify them of their financial expenses and loss, and to inflict punishment upon the negligent driver.

Kinds of Accident Lawsuits

Car accident cases involving collisions carry legal consequences depending on the injuries sustained and severity of the crash. Victims of a car accident can file two legal actions against a negligent driver: a criminal case, a civil case and/or both.

Criminal Lawsuit.-A criminal car accident lawsuit is filed by the state to inflict punishment such as imprisonment to a negligent driver. It is usually commenced when the accident is of such grave nature that the victim has suffered serious physical injuries or death. It is also filed when the driver has been grossly negligent or has violated criminal law. Among the possible laws that can be violated are traffic laws, driving under the influence of liquor or drugs, hit and run, manslaughter, assault with the use of a deadly weapon and murder.

Civil Lawsuit.-Along with a criminal case, a civil case for personal injury or wrongful death can also be filed by the victims of their families to demand for damages against the erring driver. The main query in civil car accident lawsuit is determining the person at fault and the extent of his or her fault. Damages come in the form of a monetary compensation to indemnify the victim and his or her family for the consequences of the accident.

Car accident lawsuits can be commenced with the aid of accident lawyers, especially those specializing in personal injury. They can aid in compiling documentary evidence, build legal theories, prepare and file briefs, and represent a victim in court.

Insurance Claims as Alternative to a Car Accident Lawsuit

Car accident claims, however, need not be coursed through the court. As an alternative to a civil car accident lawsuit, the victim may file an insurance claim against the insurance company of the negligent driver. However, if the said driver is uninsured or underinsured, the claim may also be filed against the insurance company of the victim.

Amount of Damages and Insurance Proceeds

The amount of car accident compensation as a damages award or insurance proceeds is usually based on the extent of the damages and the degree of the fault of the negligent driver. Included in the award are actual or compensatory damages or damages that have been actually incurred. Among these are costs for medical expenses, damage or loss to property, loss of consortium, loss of profits, loss of wages, and loss of earning capacity. It can also include moral damages or non-monetary losses such as pain and suffering, and mental anguish. Other expenses that the negligent driver may be liable for are costs of the suit and attorney's fees.