Claims For Serious Injuries In Automobile Accidents

Consider these facts: an auto accident takes place every 10 seconds on the roads. Hundreds of thousands of people are injured in these car accidents, with the injuries ranging from mild to very serious. This data account for one death in every 13 minutes from a car-related accident.

Automobile accidents often leave victims and their families in pain and discomfort. Sometimes, injuries in these accidents can alter ones life forever. For instance, victims who suffer brain injury and become paralyzed, or end up with permanent disability or disfigurement, experienced total change in their lifestyle.

Various types of car accident injuries such as brain injury, injury to the spine, neck injuries, fractures and broken bones, head injuries, among others, may cause debilitating effects on the lives of victims and their families.

Serious injuries may also lead to other worse conditions such as paralysis, seizures, or a disability.

To recover from these losses, the law entitles victims of car accidents to recover damages and compensation for their injuries sustained in the accident.

A victim may pursue a claim under the following situations:

If an injury is a direct result of the car accident

If the accident was caused by another persons negligence or fault and not your own

Proving negligence is the first step in a personal injury claim. If fault can be established, a victim can recover compensation and damages for the following losses:

Medical expenses incurred during treatment of injuries

Compensation for loss of wages

Loss of future wages

Compensation for loss of enjoyment of life

Damages for mental pain and anguish

Any future medical costs

In an automobile accident results in death, survivors of the victim may pursue a wrongful death claim against the negligent parties. In order to do this, one has to establish that the death was caused by the negligent actions of the defendant and happened because of the car accident.

In a wrongful death claim, the decedents survivors are entitled to receive damages for the following:

Loss of companionship

Loss of sexual relationships

Actual financial losses, if the person killed was the provider of the household or you were dependant on them financially

Mental pain and suffering

A claim for damages must be pursued within the period specified under the statute of limitation. Normally, the statute of limitations for personal injury claims is 2 years. (California Code of Civil Procedure Section 335.1) Failure to file a suit within this period would make a complaint null and void.

Because some injuries in automobile accidents are not detected right away, the law allows a certain period for a victim to file a claim after the harm or injury is discovered.
At any rate, pursuing a claim may be complicated, as anyone would expect.

In order to improve ones chances of obtaining the rightful claim that he deserves, it is often necessary to take the services of someone who is familiar with the law, preferably an automobile accident lawyer.