When you have been involved in a car accident, you have every right to sue for all the damages you endure. If you have been moderately hurt from the accident, one of the main damages you can sue for is medical expenses and the physical pain you experience from the accident. However, what if you are not hurt from your accident? Would you still have the right to sue for damages in an accident? Let’s explore the answers to these questions and more in this FAQ.
If I Am Not Hurt from an Accident, Can I Still Sue for Damages in a Car Accident?
Yes. Even if you have not suffered significant physical injuries from your accident, you can still sue for any property damage your car has sustained.
Depending on the nature of your accident, your car could have experienced so much damage that the car can no longer be driven. It will require you to pay out of pocket for a new vehicle – another much more costly damage.
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What Happens if I Walk Away Fine from My Accident But Experience Pain After a Few Days?
Even if you walk away feeling fine from your accident, it is possible that you can experience the actual pain hours or days after your accident. That is because your body releases a certain portion of adrenaline when an accident happens. This is a natural defense that your body experiences to protect itself from the unexpected nature of an accident.
Unfortunately, the adrenaline released prevents you from experiencing the pain from your accident immediately. That is why it is always best to seek immediate medical attention following your accident. Even if you feel fine, it will make it much easier to seek compensation if things change.
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Other than Property Damage, What Other Damages Can I Sue for in a Car Accident Case?
You still can sue for damages outside of medical expenses and physical injuries from your accident. In addition to property damage, you can also sue for any mental anguish caused by your car accident. It is possible to suffer from more than just physical injuries.
Your car accident could have been so traumatic that it caused you to suffer from PTSD. PTSD symptoms can also lead to other mental disorders such as anxiety and depression. If you experience these types of mental disorders, you have the right to sue for emotional distress.
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How Will My Compensation Be Covered?
In a car accident lawsuit, the other driver’s insurance company will be responsible for covering your compensation. The other driver’s insurance policy likely carries coverage for the damages you request. For example, many drivers are required to carry policies covering the costs of property damage, regardless of whether they are liable.
In addition to property damage policies, some drivers carry policies that can cover the costs of injuries other parties sustain from their car accidents.
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Do I Need a Car Accident Lawyer to Represent Me?
While you have the right to represent yourself in your lawsuit, it will increase your chances of winning significantly if you hire a car accident lawyer. A car accident lawyer can use their expertise to your advantage and build the strongest case for you. Even if you want to resolve your claim through a settlement, your car accident lawyer can prevent you from being lowballed and obtain the most compensation from a settlement offer.
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How Will Insurance Companies Try to Deny My Claim?
If you want a settlement from an insurance company, a car accident lawyer will come in handy. Insurance companies are known for lowballing clients and tricking them into accepting ridiculous settlement offers.
Because your car accident involves little or no physical injuries, insurance companies will go out of their way to lowball you. They may even insinuate that you do not deserve any compensation for your accident because of the lack of physical injuries. A car accident lawyer will help present the facts of your accident and prove why compensation should be rewarded to you.
How Will I Know if My Lawsuit Results in a Settlement or a Trial?
It depends. The insurance company may offer you a settlement amount you should not accept under any terms. You and the insurance company will have an opportunity to come to a resolution about a fair and just settlement.
If you are unable to reach a mutual agreement, you have the option to reach a verdict in a trial. Even in this instance, there is a possibility that your lawsuit can still end in a settlement. Because insurance companies want to avoid going to trial as much as possible, they are prone to revisiting your demands and eventually agreeing to the compensation you requested.
How Long Do I Have to File My Car Accident Claim?
In Tennessee, you have one year from the accident date to file a claim for your car accident. This period is known as the statute of limitations. The statute of limitations is the deadline each personal injury accident victim must follow to submit their claim.
If you file your car accident claim past this deadline, the opposing lawyer will use this against you and have your case thrown out. If this happens, you likely lose the opportunity to recover compensation for your injury.
What Happens if the Other Driver Is Uninsured?
If the at-fault driver of your accident is uninsured, there is still a way for you to seek compensation for your damages. You can seek compensation from your personal auto insurance policy. If you carry uninsured motorist coverage, this coverage can cover the costs of your property damage or emotional distress.
Speak with a Compassionate and Experienced Memphis Car Accident Lawyer
Even if you have not suffered any physical injuries from your car accident, you can still sue for compensation. Contact a qualified Memphis car accident lawyer who can help you fight for the compensation you deserve. Call an experienced Memphis car accident lawyer as soon as possible after a crash to discuss your case.