Written by attorney James Mitchell Hoffmann

The Victim’s Rights in a Car Accident

Car accidents can cause immense physical and emotional damage to a victim. People suffer injuries, vehicle damage, and many other losses due to the negligence of another driver. If you or anyone in your family or group of friends meets with a car accident, it is important to know your rights, and claim all the damages you are entitled to. These claims help you pay for medical bills, vehicle repairs, and loss of wages. It also provides compensation for the emotional distress, pain and suffering that the car accident has caused.

Know Your Rights

Every car accident victim has the right to deny giving any statement to the other party’s insurance company. The insurance company would ask for your recorded statement in order to process the claims, but it advisable that you seek a car accident attorney’s advice before signing any document or issuing a statement. Any part of your statement can be used against you, so it is better to appoint a car accident attorney who would work to protect your interests and help you get the compensation you are entitled to.

It is the right of every car accident victim to seek damages for the physical, emotional and financial loss that they have suffered due to another driver’s carelessness or negligence. It is important for a car accident victim to know that they can seek damages for physical injuries, disability, mental distress, medical treatment, nursing care, loss of earning ability, damage to property, loss of earnings, inconvenience, hospitalization expenditure, pain and suffering, and mental agony. Quantifying these damages and asking for claims is difficult especially in cases where bills cannot be produced, as in the case of pain and suffering. A car accident attorney can give you legal representation, and help you get the damages that you deserve.

The victims of car accidents must know that they cannot only sue the driver, but other parties as well, who could have been fully or partly responsible for the accident. For example, if your car was smashed by a truck, then you can file a suit against both the erring driver and the trucking company for their negligence in hiring the driver. In fact, the legal recourse in case of car accident goes much beyond just suing the driver. You can also sue third parties like road contractors and Government agencies for their negligence. If an intersection is incorrectly designed or constructed, and causes frequent car accidents, you can seek claims from the state agencies because they could have averted the accidents, but failed to do so. You can even sue the manufacturers of equipment for a faulty design or construction that caused the accident.

Call A Car Accident Lawyer

If the car accident is caused by an uninsured victim, you can seek damages from your own insurance company. But getting such claims is often a daunting task, as the insurance company might try to delay or deny the claims. A car accident attorney is the best person to help you in such situations.

Additional resources provided by the author

If you have been the victim of a car accident, the St. Louis car accident lawyers at the Law Office of James M. Hoffmann can evaluate your case and help you to receive justice. Call (314) 361-4300 or go to to schedule a free consultation.

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