Auto accidents are a serious type of personal injury accident. To prove a personal injury case, it must fit the legal definition. All drivers are responsible for maintaining control of their car and avoiding other cars while driving. The driver is usually the one at fault in an accident. The auto insurance companies handle the damages in cases like these.

In some cases, however, someone else may have caused your accident, leaving you not at fault for it. This could happen due to the other driver's negligence, or even driving on unsafe roads. If you drove on improperly maintained roads, the city will be responsible. Even in matters as simple as ill placed signs, the municipality in charge of that maintenance is at fault for your accident, and should be treated as such.

If the accident was caused by a defect the automobiles themselves, then there have been instances where one of the automobile manufacturers or repair shops have been liable. You need to probe negligence in those cases, which can be difficult; however you would need to see if there is any case law or precedent set to see if your specific case is similar to other cases that have been won.

You will be able to get as much recovery as the law allows. The point of this is that your compensation should be enough for you to feel complete again. This is called compensatory damages. The idea is to return you to the same position you had prior to the accident. The law acknowledges that your losses can take a variety of forms. While injured you may lose wages. You might have medical fees. You can have suffering, or pain and suffering. The accident can disfigure or scar you. You may not be able to work or earn money. You might not be able to be intimate with your spouse, this is called loss of consortium.

There are also punitive damages in extraordinary cases where the injury was caused by the result of someone elses irresponsible or reckless actions. Punitive damages may also be applicable if the extent of the injury was caused by a defective product, something that made the car dangerous, but was ignored and not corrected. These damages or compensation are in addition to the normal compensatory damages mentioned above.

Certain states have passed no fault laws that allow you to only recover damages limited to economic only recovery. What this means is that some states do not allow you to sue for punitive damages. You may be limited to recovering losses for only actual lost wages, or property damage, or your medical expenses. Also, pain and suffering damages are limited or even unrecoverable in some states.

The key here is to check with an attorney to see what your rights are and to see what type of case you have. You should also confirm whether you are in a no fault state or not.

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Article Submitted By: Anthony M. Flores
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