Whether or not you are the victim of a minor or severe car accident, such an event may cause minor inconveniences to severe life-changing injuries. Ryan Solis understands that each of his car accident clients are working hard to navigate such an event. That’s why he wants his clients to know that as car accident victims, they have the right to pursue an injury case.
In the United States, over 30 people are killed and 6.5 million injured in car accidents every year. When an individual has been involved in a car accident, they might be tempted to submit an insurance claim. However, filing an insurance claim is not the only way to obtain compensation as a car accident victim. There are other paths to take such as hiring a lawyer and suing for negligence. Or filing a lawsuit against the at-fault party.
What Should I Do If My Car Injures Someone Else?
If your car injures someone else in an accident, you should call the police and file a report. The person’s insurance company will investigate to determine if they have any liability for the accident. You do not have to be present for the investigation.
As the car accident victim, also known as the plaintiff, you are in your right to directly sue the defendant (negligent party). If this is the route you choose to go, it’s important to identify the two different types of compensation claims that are available: eligibility-based claims and liability-based claims.
All too often, people either forget or are not aware of the two different types of compensation claims that are available. One type of claim is eligibility-based, which means that you must have been harmed due to another person’s negligence and also be eligible to receive compensation. The other type of claim is liability-based, which means that you must be able to prove that the other person has breached a certain legal duty. If they are in a contractual obligation to you, you must prove that they have not met their obligations.A fourth type of claim is restitution-based, which means that you must be able to prove that the other person has taken something of yours without permission or compensation.
What’s the difference between eligibility-based claims and liability-based claims?
- Eligibility-based claims: Car victims who have suffered bodily injuries may be eligible to receive compensation for the damages they have suffered.
- Liability-based claims: Car victims who have not suffered bodily injuries may be eligible to receive compensation for their losses.
How to prove eligibility-based claims?
The best way to prove eligibility-based claims on car accidents is with objective evidence. This can include photos of the injuries, eyewitness testimony, and more.
How to prove liability-based claims?
Since this type of claim involves proving the defendant is liable for the victim losses, the plaintiff (car accident victim) will need to follow the steps below to pursue this type of claim:
- You and your injury attorney must first prove that the negligent party had a lawful duty to drive responsibly.
- You and your injury attorney must then prove that the negligent party failed to uphold their lawful duty to drive responsibly.
- Lastly, you and your injury attorney will work together to prove that the negligent party’s reckless driving had a direct impact on the injuries you sustained from the car accident.
Contact our McAllen Car Accident Attorney
If you or someone you love has fallen victim to the reckless actions of another driver, know that you have the right to pursue compensation with the help of our local injury attorney at the Ryan Solis Law Group. Call (956) 686-9600 to start seeking compensation today!
