What Damages Can You Recover By Suing The Driver Responsible For An Auto Accident?

Some drivers feel content with accepting the settlement figure that has been suggested by the insurance company. Others do not hesitate to sue the responsible driver, because that approach increases the chances for winning a fair compensation.

What damages can be compensated?

• Injuries: cost of medical treatment, any need for future treatment, cost of medication or medical supplies, costs created by time in rehabilitation facility
• Amount of money required to fix the damaged vehicle.
• Lost income, along with future lost earnings.
• Pain and suffering: Permanent disability or impairment; emotional problems, such as anxiety, sleepiness or some type of stress disorder.

A possible additional damage award

A driver that has filed a lawsuit against the motorist responsible for a given accident should note that the judge might elect to hit the defendant with punitive damages. The money received from a punitive damage award must be taxed. Someone that has chosen to initiate a lawsuit should remain aware of that fact.

If the accident has taken place in a no-fault state, there will exist restrictions on the ability of one party to sue the other party.

In a no-fault state, the driver that was hit must seek compensation from his or her own insurance company. Even in states where the one party can sue the other party, certain rules must be followed. The responsible driver cannot be named in the lawsuit, unless the plaintiff’s injuries are serious or significant.

The driver should make sure that none of the passengers has suffered a severe or significant injury. That can mean asking for a delay, so that each victim has reached the point of maximum medical improvement (MMI). That is especially true in cases where the driver or a passenger might have suffered a slow-to-appear medical problem.

Reasons for proceeding with a lawsuit, even if the other driver cannot be named:

Car Accident Lawyer in Waterloo knows the fact that the other driver cannot be named does not remove the plaintiff’s ability to seek compensation for future lost earnings, as well as the current lost income. If a young passenger suffered a serious injury, he or she might be able to claim a sizeable compensation for the loss of future earnings.

That would certainly be the case, if the injured passenger had been pursuing an educational program that could prepare a student for a professional career. Someone that enters such a career has reason to expect sizeable earnings. Yet someone that has sustained a serious injury in an accident might not be able to enter such a career.

For that reason, a young person might seek a larger compensation for future lost earnings. The existence of that possibility highlights the wisdom behind working with a lawyer to initiate a lawsuit.