Taking legal action allows victims to financially hold the liable parties responsible for negligent or careless behavior.
Accidents are a common occurrence every day, something you likely notice in passing on your way to or from work. When they happen to you and are caused by someone else’s negligent driving actions, they could have devastating impacts.
After any type of accident, whether it’s in a motor vehicle or from slipping and falling at the supermarket, personal injury law allows victims to recover their financial losses. It’s a way to make your life as whole again as possible after this traumatic event.
Personal injury lawsuits hold those responsible for your injuries and financial losses accountable, providing justice and compensation. They can also serve as a powerful deterrent for similar behavior.
Ways That Lawsuits Hold People and Entities Accountable for Their Negligence
Here is a deeper look at the ways that personal injury lawsuits hold the responsible parties accountable for their negligent actions:
Requirement of Paying Financial Compensation to Victims
One of the main reasons why you will want to file a personal injury lawsuit after an accident is to recover financial compensation for your losses. These will usually include all of the medical expenses you’ve incurred such as the medical bills related to your hospital stay, surgeries, and prescriptions.
You may also recover lost wages, property damage, and compensation for your pain and suffering. Taking legal action allows victims to financially hold the liable parties responsible for negligent or careless behavior.
Deterring Future Negligent Behavior
In a personal injury lawsuit, winning the compensation is certainly the desired outcome, though there is a much bigger message to send. Court cases are a matter of public record, and when negligent parties are held responsible for what they have done, it sends the message that this behavior won’t be tolerated.
While many personal injury cases settle before a trial is set, cases that involve large entities may drag on and wind up in front of a judge and jury. If a company is sued for their unsafe practices that led to your injuries, such as not properly vetting their drivers who wind up causing a horrific accident, putting them in the spotlight could bring about positive changes.
They may update their safety practices, and in turn, it may urge other businesses to follow to make things safer across the board.
Setting Legal Precedents
Your attorney may bring up similar cases and how they were handled by the courts. In turn, your lawsuit may be the one to set a legal precedent. It will go beyond benefiting you by helping set the standards for future cases.
Creating Greater Accountability
When you are hurt by a careless driver in a car crash, the insurance claim can provide you with some financial relief. However, it may not be enough to cover the full extent of the losses you’ve experienced. Filing a personal injury lawsuit can command that money as well as issue more accountability. They will be on the hook for covering the settlement, and it will certainly allow them to change their ways for more responsible conduct in the future.
Added Insurance Implications
The at-fault party in a personal injury lawsuit involving a car accident will also have added impacts and implications from their insurance company. If you’re ever at fault for a car crash, you should know how an accident might affect your insurance record.
Keep in mind that in at-fault insurance states like Texas, while the driver who caused the accident will be held liable for damages, the rule of modified comparative negligence is a factor. You have a reduced settlement for your involvement, and you may be subjected to certain insurance issues.
Increased Insurance Premiums
Most auto insurance companies will raise your insurance premiums if you are at fault for an accident. Some may raise them even if an investigation reveals that you had no fault in the matter, like being rear-ended while you are fully stopped at a red light.
All insurers will look at the history of claims to determine what they will charge for a policy. If you have an accident history or have filed claims, it will usually mean higher rates.
Points on Your Driver’s License
While the insurance company doesn’t control your driver’s license, if you have points added to your driving record, it could cost you more in insurance premiums. The insurance company will look at whether you were issued a traffic citation or if you were deemed negligent in your driving behavior. The more points you have on your license, the more difficult it will be to get affordable car insurance.
Concerns About Frequent Claims
You might call it bad luck, but insurance companies will call it your fault, even if they don’t say so directly. When you have multiple claims for accidents, even for fender benders, you are viewed as a higher risk. Perhaps you live in an area that gets more traffic, which makes you statistically more likely to get into an accident. Whatever the case, insurers will look at this history and raise rates accordingly.
What to Know About States with At-Fault Insurance Policies
States that have at-fault models for car accidents will hold the driver who caused the accident accountable. They will also have systems for sharing fault. Meanwhile, states with a no-fault policy will require each driver to go through their own insurance company.
Living in Texas, you have a better chance of filing a personal injury lawsuit. States that use no-fault limit lawsuits for car accidents only allow those who meet the severe injury threshold to sue.
If you have been injured in an accident caused by another person’s negligence, it’s a good idea to speak with a personal injury attorney. They can review the specifics of your case and determine whether or not you have a reason for legal recourse. It might not prevent increases to your insurance premiums, but it can help you avoid absorbing all the unexpected costs that the at-fault party caused.
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