Yes, you can still sue for a car accident if there are no apparent injuries, but it might be more difficult to recover. A collision can still change your life in many ways, even if you were not injured. You may still pursue compensation for property damage, such as vehicle repairs or replacement, and other economic losses. A car accident attorney will help you build a strong case.
Heninger Garrison Davis understands the many ways a car crash can change your life. Even if you weren’t hurt, you may still experience financial setbacks. Since we opened our law firm, we have recovered over $3 billion for our clients; let us get you the money you need to reclaim your life after a collision. Call our Birmingham car accident lawyers today for a free consultation.
Types of Damages You Can Claim After a Car Crash if You Were Not Injured
While car accident lawsuits are usually associated with injured victims, it’s important to recognize that victims may also experience other challenges. A personal injury lawyer from our team will calculate your past and future expenses to show the collision’s full financial impact.
What you do after a car accident will impact the value of your claim. Document the crash scene and keep track of all your expenses. An attorney will help ensure that you navigate the claims process effectively and receive adequate reimbursement for your property damages.
Property Damage
If you were involved in a car crash but fortunately escaped without injuries, you may still be eligible to claim damages, primarily focusing on property damage. Property damage refers to the costs associated with repairing or replacing your vehicle and any other personal property damaged in the accident.
This could include expenses for towing, repair services, and the diminished value of your vehicle after the collision. In addition to the direct costs of repairing or replacing your property, you may also be entitled to compensation for expenses related to a temporary replacement vehicle, rental car fees, and storage costs for your damaged vehicle.
Lost Wages
This type of compensation addresses the income you may have lost due to time away from work while dealing with the aftermath of the accident. Whether it involves coordinating repairs for your vehicle or managing other accident-related matters, these disruptions can impact your ability to work and earn a regular income.
Diminished Earning Potential
This category of damages acknowledges the negative impact the accident may have on your ability to earn income in the future. This claim takes into account factors such as the psychological toll of the accident and any lasting impact on your employability.
Pain and Suffering
Quantifying pain and suffering can be challenging, as it involves subjective factors. However, seeking compensation acknowledges your intangible hardships. It’s crucial to document any changes in mood or behavior and any counseling or therapy sought to cope with the aftermath of the crash.
Emotional Distress
While physical injuries may not be apparent after a car crash, the emotional toll on individuals involved can be significant. Emotional distress damages encompass the psychological impact of the accident, including anxiety, fear, sleep disturbances, and other mental health challenges.
The aftermath of a car crash can trigger a range of emotions that may affect daily life, relationships, and overall well-being.
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You Need to Prove Negligence for a Successful Personal Injury Claim
Negligence is the legal foundation upon which personal injury lawsuits are built. To successfully pursue compensation for additional damage, you must establish that the other party involved in the accident was liable due to their negligence.
To prove negligence, your car accident attorney will focus on the following four key elements:
- Duty of care: Establish that the at-fault party owed you a duty of care. All drivers are generally expected to adhere to a standard duty of care, which includes obeying traffic laws, maintaining control of their vehicles, and taking precautions to prevent harm to others on the road.
- Breach of duty: Once the duty of care is established, your attorney will demonstrate that the at-fault party breached this duty. This involves presenting evidence that the other driver failed to meet the expected standard of care, such as violating traffic regulations, driving recklessly, or engaging in behavior that put others at risk.
- Causation: Your attorney will work to establish a causal connection between the at-fault party’s actions and the occurrence of the accident. This involves demonstrating that the negligent behavior was a substantial factor in bringing about the collision, emphasizing the direct link between the breach of duty and the resulting harm.
- Damages: Damages can take various forms, including property damage, lost wages, and emotional distress. Documenting and quantifying these losses is crucial for building a comprehensive case and demonstrating the tangible impact of the at-fault party’s negligence.
Successfully proving these four key elements strengthens your position in any car accident lawsuit. An experienced car accident attorney will guide you through the process and address each of the key elements of proving negligence.
Our Car Accident Lawyers Will Help You File a Lawsuit
Even if you were unharmed by a car accident, our legal team can still help you recover compensation. After carefully reviewing your case, we will determine the best patch to pursue financial recovery. We will help you decide whether filing an insurance claim or a lawsuit would be more appropriate in your situation.
At Heninger Garrison Davis, we understand that a collision can change your life in many ways. Contact us today to share your experience.