Personal Injury Lawsuits Help Accident Victims Recover

January 09, 2013 (Press-News.org) Personal Injury Lawsuits Help Accident Victims Recover

Have you ever heard someone refer to car accident victims as the winners of a lottery? It's not a fair comparison. Getting into a car crash is not like winning the lottery because the lottery doesn't involve injury or death, and car crashes happen all too often.

According to the National Highway Traffic Safety Administration, a car accident occurs every 10 seconds in the United States. When a car accident strikes, the victim of the crash or his or her family may be able to file a lawsuit against the responsible party to seek to recover damages that will help the victim rebuild his or her life. A deadly car accident that recently occurred on Long Island illustrates the importance of a crash victim pursuing his or her rights.

Recently, a 4-year-old boy died in a three-car crash on Long Island that also sent his mother and aunt to the hospital. According to The Wall Street Journal, the young boy and his mother were riding with his aunt when their car was hit by a 53-year-old driver heading in a different direction. The impact of the crash forced the aunt's car into another vehicle, injuring that car's three occupants. The 4-year-old, mother and aunt were rushed to a nearby hospital where the young boy died. The 53-year-old driver suffered non-life threatening injuries. Those injured in accident may have different reasons for and routes to legal recovery.

A person who is injured in a car crash can file a personal injury lawsuit against the responsible party or parties, and when someone dies in a car accident, the family members of the victim may file a personal injury suit, called a wrongful death lawsuit, on the behalf of the victim against the responsible party or parties. The determination of responsibility is governed by a legal theory called negligence.

Drivers must generally operate their vehicles with reasonable care given the circumstances. A driver who fails to operate a vehicle using due care is negligent. Certain actions may show negligence. A court or jury may review the following actions, and others, to determine negligence:
-Driving under the influence of alcohol or drugs
-Disobeying the speed limit
-Disregarding traffic signs or signals
-Improperly passing another vehicle
-Driving without regard to weather conditions

A person who brings a personal injury lawsuit has the burden of proving his or her case. The person or plaintiff must show the defendant was negligent, the defendant's negligence caused the accident, and the accident caused the plaintiff's injuries.

After the case is proven, the plaintiff must also request and prove damages, also referred to as economic recovery. A personal injury plaintiff may be entitled to a number of different types of damages. An accident victim may recover general damages, and with additional proof a plaintiff can recover medical expenses, future medical expenses, lost wages, and the loss of the benefits of a spouse or child, among other damages.

Dealing with a car accident is a serious issue, if you or a loved one has been injured in a motor vehicle accident, contact an experienced personal injury attorney to discuss your legal options.

Article provided by Law Office of Charles Bonfante III
Visit us at http://www.charlesbonfantelaw.com