Can You Sue for a Car Accident in Clearwater, FL, if You Are Not Hurt?
Perenich, Caulfield, Avril & Noyes | Car Accident
Car accidents are one of the most stressful and nerve-wracking events that one can experience. You may wonder if you can file a lawsuit for monetary damages after a traffic collision.
Most people are aware that a victim with a physical injury can sue for compensation. But can you sue for a car accident in Clearwater if you have not been hurt? Read on to find out.
Can I File a Lawsuit for Vehicular Damage?
In short, you can still sue another party following a car accident even if you were not physically harmed. In fact, legal action may be necessary if your vehicle sustained significant damage.
In the case of property damage, many insurance providers will refuse to pay the money they owe. When this happens, victims may need to pursue a car accident claim with the help of an attorney.
Victims of traffic accidents can file a lawsuit for the cost of their damaged vehicle and any property inside it. If the damage is only minor, you may need to file your case with a Florida small claims court.
There are certain limitations on the claims that you can make in these courts. If your damages are too high, you will need to file a civil court claim.
Negligence Lawsuits Without Injury
When someone does not use proper care and causes harm to someone else, they have behaved negligently. Injury victims have the right to sue negligent damages for financial compensation after an accident.
You may have suffered other types of harm even if you did not sustain physical injuries from the crash. Property damage is the most obvious type of harm that happens from a car accident. But collision victims often experience emotional damage and mental trauma as well.
Filing an Insurance Claim After a Collision
After most traffic accidents, an injured person will file an insurance claim with the relevant provider. The insurance company should provide money to the injured party to cover:
- Medical bills and expenses
- Lost wages and income from missed work
- Pain and suffering
If you did not sustain a physical injury, this compensation would be unavailable to you. However, you can still file a legal claim to hold the negligent driver accountable.
Accident victims can seek financial recovery for damaged property, the cost of rental cars, and other relevant expenses through a car accident case.
Proving Negligence in a Car Accident Case
To hold the liable party accountable for the losses that you suffered, you will need to prove that they were negligent.
Proving negligence in a traffic accident case involves four elements:
- The motorist had a duty to drive legally and safely
- The driver failed in this duty by driving carelessly
- This careless driving caused the collision
- The plaintiff was financially harmed by the accident
It is vital to contact legal professionals in the aftermath of a traffic accident. A skilled lawyer can help you to gather relevant evidence in your case.
This will help to ensure the best possible outcome in your car accident claim. Collision victims deserve a fair settlement from the relevant insurance provider. This is true even if the harms that they suffered were not physical.
Unfortunately, many insurance providers seek to undervalue car accident claims. These companies often profit by paying claimants as little as possible.
A trustworthy personal injury lawyer in Clearwater, FL, can negotiate on your behalf to secure maximum compensation for you.