Understanding Car Accident Personal Injury Lawsuits
Numerous people have been in a car accident at one point or another during their lives. Many car accidents simply cause property damage, and the people involved can go through their insurance to recover money as a result of the collision. However, individuals are often injured, sometimes seriously hurt, as a result of a car accident. In certain instances, injured parties can file lawsuits as a result of a car accident. Although there are a variety of different issues involved in car accident personal injury lawsuits, some common factors are relevant to most cases.
Serious Injuries
Many states, such as New York and New Jersey have no-fault insurance systems that regulate car accident personal injury lawsuits. Under this regime, injured parties in many car accidents are not permitted to file a lawsuit based on injuries they sustained in a car accident. Rather, their exclusive remedy is to go through insurance in order to recover money for medical bills, lost income, and other damages.
However, states that have such rules also allow plaintiffs to file car accident personal injury lawsuits in certain instances. Indeed, New York, New Jersey and other states that have no-fault insurance rules allow for car accident personal injury lawsuits if plaintiffs suffer a “serious injury.” Although the definition of a serious injury differs from state to state, this usually involves death, dismemberment, certain types of fractures, and other injuries. Depending on the state, less severe “soft tissue” injuries can still give rise to a serious injury under the right circumstances, and an experienced personal injury lawyer should understand whether a plaintiff’s damages are enough to constitute a serious injury. Furthermore, in some states, individuals need to opt into the no-fault system for the serious injury threshold to bar minor lawsuits involving these people. As a result, it often pays to at least talk with an attorney after suffering from injuries from a car accident, since a lawyer can conduct an investigation and determine if a lawsuit may be filed.
Elements of a Case
There are certain elements that must be satisfied for plaintiffs to successfully plead a case in car accident personal injury lawsuits. Generally, plaintiffs must show that defendants owed a duty to everyone else on the road to drive like a reasonable person. Sometimes, plaintiffs can prove that a duty is owed by arguing that a defendant violated a law, and that law protects people like the person injured in a car accident. Since there are numerous laws governing vehicles, this theory often comes into play during car accident cases. The individual filing a lawsuit must show that a defendant violated the duty to act reasonably or to follow the law and that this caused damages to the plaintiff.
A number of different factors come into play when proving these elements. Indeed, the weather on the day of an accident, the number of cars on the road, the position of the sun, and a number of other facts may affect whether a plaintiff has a case. For this reason, it is important for clients to be open with their lawyers about all of the facts that could impact car accident personal injury lawsuits.
Presumptions in Car Accident Cases
In many states, courts oftentimes use a number of presumptions in car accident personal injury lawsuits. For instance, in states such as New York and New Jersey, the driver of a vehicle that has rear-ended another car is usually presumed to be at fault. This makes sense, since it is assumed that the car that collided into another vehicle could have braked earlier and avoided an accident. However, this is not always the case, and video of the accident and other evidence can help overcome this presumption in car accident personal injury lawsuits.
In addition, courts do not take kindly to individuals who do not use seatbelts. Indeed, courts in New York and New Jersey may hold that the failure to wear a seatbelt by the person bringing a lawsuit may prove that the plaintiff was negligent. This could affect the amount of damages that are recoverable in a case and can also make it more difficult to prove the elements of a case. As a result, it is again important to discuss all of the facts of a case with a skilled attorney who can ensure that any issues in a matter are properly handled.
Comparative Negligence
Many states, such as New York and New Jersey, permit juries to reduce awards based on how negligent the plaintiff in the action was. This is important in car accident personal injury lawsuits, since a number of factors may reduce an award. For instance, if a car that was hit made a sudden stop, this might be deemed negligent, and even though that car was hit, an award might be reduced. Furthermore, if a car turned into a lane without properly signaling, even though that car was struck and passengers were hurt, comparative negligence may come into play. Testimony of witnesses involved, and any photos, video, or other evidence will be important in establishing if a plaintiff was negligent and how this should impact a jury award.
Car accident personal injury lawsuits can be complicated, but The Rothman Law Firm has substantial experience handling these types of cases. If you would like to speak with an experienced New York and New Jersey car accident lawyer, please feel free to contact The Rothman Law Firm to request a free legal consultation.