What Rights Do Accident Victims Have after an Incident?

Categories: Car Accident

anthony After a car accident

Anyone involved in an accident that was not their fault has rights. Car accidents can cause tremendous physical and emotional damage to a victim; therefore, when a person suffers from an injury and vehicle damage, they should be aware of their rights.

These losses, which are caused by the negligence of another driver, are compensable under the law. However, to claim the damages you are entitled to, you must first understand your rights and act on them.

What are Your Essential Rights as an Accident Victim?

After the crash and during your medical treatments, you have rights. These rights extend into the insurance negotiations process and potential lawsuit. Therefore, the more you know about your rights, the bigger the advantage you will have.

  • You do not have to provide anyone with an official statement. The insurance company might contact you, and they could tell you that to settle, you must give a statement. You are not required to give a written or recorded statement. It is your right to refuse and request that you speak with an attorney first. Realize that if you were to give this declaration, they could use anything in that statement against you.
  • You have the right to seek damages from the negligent party. The party responsible for your injuries, the negligent party, is required to pay for your damages. Damages may include any medical costs, lost wages, emotional damages, and other ways that you and your loved ones suffer because of the other driver’s negligent acts.
  • You can hold all parties responsible for your injuries. Sometimes it is just the driver that is responsible, while other times there are multiple parties. Anytime you are injured in an accident, realize that you have the right to hold all parties wholly or partly responsible, such as a second vehicle, vehicle manufacturer, or even the employer of the vehicle (if it was a commercial vehicle).
  • You can hold manufacturers liable too. When a manufacturer creates a defective product, or their vehicle is unsafe in design, you have the right to hold that manufacturer responsible for those injuries.
  • You have the right to seek punitive damages (if your case qualifies). Punitive damages can also be obtained, but only in certain personal injury claims. If the driver was overly reckless, such as drunken driving or malicious, then you may qualify for punitive damages. Realize that these damages are not there to compensate you. Instead, the judge issues them to punish the driver for his or her behavior.
  • You have the right to call a personal injury attorney. Most people try to negotiate with insurance companies alone, but you have the right to consult a lawyer. It is wise to do so.  When an attorney is by your side, the insurance companies know that they are dealing with someone who has experience.  They are less likely to take advantage of you, and generally you walk away with higher compensation than you would if you tried to represent yourself.

Are You An Accident Victim? Meet with an Attorney for a Free Consultation

If you or a loved one is seriously injured in an accident, you have the right to seek counsel from a legal expert. Insurance companies require you to give them a statement after an accident, but you’re always allowed to have a lawyer present to do so. Contact attorney Clarke Nash today. He is here to help you understand your rights and receive the compensation you need to get back on your feet.

Schedule a free consultation with him today. All cases are on a contingency basis, which means there is no fee if he does not win your case. Call him now at 912-200-5292 or request an appointment through the online contact form.