Compensation for a traffic accident in the United States is the right of an individual who has suffered injuries or property damage as a result of a collision, pedestrian accident, rollover, or fire involving a moving vehicle caused by the negligence or recklessness of another driver.
Compensation may include payment for medical expenses, vehicle repair or replacement, compensation for pain and suffering, loss of income, and permanent disability.
To obtain compensation for a traffic accident in the United States, it is necessary to follow a series of steps, which can vary depending on the state where the accident occurred, the type of insurance the responsible driver has, and the severity of the injuries. Some of these steps include:
Some frequently asked questions about compensation for traffic accidents in the United States include:
If the responsible driver lacks insurance or flees the scene, you can turn to your own insurance, provided you have coverage for uninsured or underinsured motorists. If you lack this coverage, you may consider pursuing a civil lawsuit against the responsible driver if you can successfully identify and locate them.
In that case, the rule of comparative negligence may apply, which reduces compensation based on the percentage of fault. For example, if you are 20% at fault, you may receive 80% of the compensation. Some states apply the rule of contributory negligence, which prevents receiving any compensation if you have any degree of fault.
In that case, you should follow the law of the state where the accident occurred, which may have different requirements and limits for compensation. It is recommended to consult with an attorney specializing in that state.
The time you have to claim compensation depends on the state where the accident occurred and the type of claim being filed. Typically, the timeframe is two or three years from the date of the accident.
However, there are exceptions that can shorten or extend the deadline. It is recommended to take action as soon as possible to avoid losing the right to claim.
The amount you can receive as compensation depends on various factors such as the severity of the injuries, the driver’s liability, the type and limit of available insurance, and the current legislation.
There is no exact formula for calculating compensation, but it can be estimated based on similar cases. An attorney specializing in traffic accidents can help determine the fair value of the claim and negotiate with the insurance company or represent the client in court.
You could have a MILLIONAIRE case. Fill out the form and we will contact you immediately.
You could have a MILLIONAIRE case. Fill out the form and we will contact you immediately.
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