Being injured in a car crash is a very traumatic experience. Not only are you dealing with the physical pain and injuries, but you also have to cope with the financial repercussions. From car repairs to medical bills and lost wages, you might find yourself in a tough spot financially. This is why it’s important to seek compensation for your injuries. Because each case is different and you may not qualify for every type of compensation, it’s important to explore the 7 ways you can get compensated after being injured in a car crash.
1. Personal Injury
If you’ve been injured in a car crash, you may be able to receive compensation for your injuries through a personal injury lawsuit. This type of lawsuit is based on the negligent actions of the other driver. However, it’s important to note that while you need to be injured from a car accident in order to be able to file a personal injury lawsuit, the extent of your injuries might play a role as well. To win a personal injury lawsuit, you must be able to prove that the other driver was at fault for the accident, that your injuries were directly caused by their actions, and that the injuries have resulted in damages such as medical bills, lost wages, or pain and suffering. In other words, while getting your arm sprained, and having to keep it on ice for a few days is definitely not something you want to experience, it may not warrant a personal injury lawsuit.
2. Insurance Claim
If you’ve been injured in a car crash, one of the first places you should turn to for compensation is your own insurance company. Even if the other driver was at fault for the accident, your own insurance policy may cover your medical bills and lost wages. This is because most insurance policies have personal injury protection (PIP), which covers these types of expenses. Whether they’ll be willing to cover your costs, and to what extent, will depend on multiple factors.
For starters, having long-term car insurance is likely to get them to cover more than if you only had short-term insurance. Additionally, the severity of your injuries and how much they cost to treat will also play a role in how much coverage you can expect from your insurance company. In order to receive compensation from your insurance company, you will need to file a claim and provide evidence that the other driver was at fault for the accident.
3. Medical Malpractice
If you were injured in a car accident to the extent that you had to seek medical assistance but weren’t treated properly, you might be eligible to file a medical malpractice lawsuit. To qualify for this type of lawsuit, you must be able to prove that the other driver was at fault for the accident, that you received treatment for your injuries, that the treatment you received was below the accepted standard of care, and that negligence was the reason for it. In other words, if you went to the hospital with a broken arm and they failed to properly set it, you could have a case for medical malpractice.
It’s important to note here that not only do your symptoms have to worsen in order to be successful in a medical malpractice case, but you also need to prove that the doctors failed to treat you properly due to their negligence. While it’s always incredibly upsetting if medical treatment doesn’t work, not every case will warrant a medical malpractice lawsuit.
4. Product Liability
If you were injured in a car accident because of a defective car part, such as the brakes or airbags, you might be able to file a product liability lawsuit. This type of lawsuit is based on the fact that the company that manufactured the defective product is at fault for your injuries. In order to be successful in a product liability lawsuit, you must be able to prove that the other driver was at fault for the accident, that the part that caused your injury was defective, and that the defect was the direct cause of your injuries.
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Additionally, you will need to provide evidence that the company that made the defective part was aware of the defect and did nothing to fix it. Filing a product liability lawsuit can be difficult, so it’s important to speak with an experienced attorney if you think you might have a case.
5. Workers’ Compensation
If you were injured in a car accident while on the job, you might be able to file a workers’ compensation claim. This type of claim is available to employees who are injured while at work, regardless of who was at fault for the accident. However, driving to and from work – even though it technically is work-related, doesn’t count. In order to be successful in a workers’ compensation claim, you will need to provide evidence that you were in a car accident while actively working. Whether that means you’re a professional driver for a company, or your boss sent you out on a business errand, if the accident occurred while you were working, you should be eligible for workers’ compensation.
6. Social Security Disability
If you were injured in a car accident and can no longer work due to your injuries, you might be able to file for Social Security Disability. In order to be successful in a Social Security Disability claim, you must be able to provide evidence that you are unable to work due to your injuries, that you have applied for disability benefits and that have been denied, and that you meet the Social Security Administration’s definition of disability.
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You can apply for Social Security Disability benefits at any time, but it’s important to note that the application process can be long and difficult. It’s often recommended to get legal assistance when applying for Social Security Disability benefits in order to expedite the process and increase your chances of being approved.
7. Wrongful Death
Finally, if your loved one was in a car crash in which they sustained injuries that later led to their death, you might be able to file a wrongful death lawsuit. A wrongful death lawsuit is a type of civil lawsuit that allows the loved ones of someone who died due to the negligence or misconduct of another person or company to seek financial compensation.
In order to be successful in a wrongful death lawsuit, you must be able to provide evidence that your loved one died due to the negligence of another person or company, that you are the surviving spouse, child, or parent of the deceased, and that you have suffered financial damages as a result of your loved one’s death.
A car accident can be a very traumatic experience, both physically and emotionally. Not only is there the pain and suffering of the accident itself, but you may also be dealing with costly medical bills, car repairs, and lost wages. This is why it’s important to seek compensation for your injuries, and why it’s important to understand the 7 options listed in this article that can help you get the compensation you need.