There are cases when no one can be blamed for an accident. Whereas, there are also cases when a person or a party can be held liable. If the person was negligent, and due to unreasonably carelessness, you are hurt, you can sue the responsible party and claim for economic damages, bills, and pain and suffering. Before taking legal actions, you should always consult with your personal injury lawyer about the case.
Situations When You Can Sue The Responsible Party
In an accident, you can sue someone and hold him accountable for your personal injury only if it is a case of battery. Battery occurs when someone intentionally makes offensive contact with you without any legal justification or your consent. Such cases involve assaults like punch, slap, a hit by a vehicle, or any attempt to apply force.
However, certain events are not considered battery, and you cannot sue the other person. In a boxing match, boxers batter each other, but both of them have consented to it. You may hit a mugger in self-defense, and it is legally justified. Also, bumping into someone cannot be considered as a battery.
Negotiating With The Insurer
The first step you should take is to ask your personal injury lawyer to negotiate with the insurance company of the party at fault. A lawyer can help you reach an agreement, get a fair settlement, and close the case. Many times, the insurance company will provide you with as little settlement as possible that will not cover all your costs. However, you can continue to negotiate further or sue the party personally.
Filing A Case
You are eligible to file both civil cases and criminal cases. If you opt for filing a criminal case, the accused party could be punished with fines, probation, community services, or even jail. You have to provide necessary and valid evidence to prove your claim. Such evidence may include a police report, eyewitness of the event, photographs (or videos, if possible), or records of your medical treatment concerning the accident.
Seeking the help of your personal injury lawyer will not only provide you proper guidance throughout the case but also will help you get the evidence quickly. If you file a civil case, you can sue the party for monetary damages. Similarly, here also you need to provide valid evidence and present logical arguments for the amount you wish to claim.
Suing For Trauma
Suing someone for emotional distress can be time-consuming and a complex case too. However, you may do so. The entire process can be tricky and different from physical distress. You may need the help of an attorney to guide you through the process. You may present evidence like testimonies, medical reports, and physical injuries related to such trauma.
There may also be cases where someone is trying to get you out of an accident. In such cases, you cannot sue that person if they hurt you accidentally. That person aimed to help you and not to add to your discomfort. Seeking the help of an attorney can help you decide whether you want to sue or not. Even if you decide not to sue, you will get advice on what should be done for your case.
Shrey Jain is the Co-Founder of Writofy & a Chartered Accountant who works with a team of creative content writers. He holds a forte in creating informative content on niches like crypto, business, fintech, digital marketing, and several others. In addition, his willingness to learn and share his knowledge can immensely help readers get valuable insights on varied topics.