Phoenix, AZ – Some accidents involving motor vehicles also cause injuries to people on foot in the area. A pedestrian can bring a civil negligence case against the person responsible for their losses, just as another driver would. In some cases, the driver’s auto insurance policy may cover these losses, but significant medical costs may require them to pay out of their own money in addition to what their insurance covers. The services of an attorney are crucial for the victim to get the best results.
Negligence lawsuits against drivers
The structure of the negligence case dictates that the plaintiff sues a person, business, or entity for breaching the duty of care and causing harm. In most cases, medical expenses are the most significant harm mentioned in a negligence case, but it is possible that things like lost wages and income, along with property damage can be included. The driver’s insurance policy will usually cover several thousand dollars worth of liability for bodily injuries. If the damages the plaintiff sustained are greater than this amount, the defendant will be personally liable for the accident costs. In addition to a breach of the standard duty of care, the plaintiff must prove other elements including actual and proximate causation of their injuries, along with tangible damages.
Types of damages
In addition to damages related to medical costs and lost income, the plaintiff may be able to ask for other types of compensation as well. Emotional trauma, pain, suffering, and related psychological issues that result in a reduced quality of life can be factored into non-economic damages. In situations that involve malicious or reckless behavior, such as a drunk driving accident, the defendant may have to pay out punitive damages. These damages are meant to punish the driver for improper conduct rather than compensate the victim.
Concluding the lawsuit
Most cases involving motor vehicles and personal injuries now end in settlement agreements. This means that the defendant will agree to pay the plaintiff a reasonable amount of compensation, in exchange for signing an agreement that says all litigation related to the collision will end permanently. Jury trials are also possible but they are much less common. The plaintiff and defendant will have a chance to present evidence and witnesses, but the ultimate decision regarding negligence and compensation is left with the members of the jury. There is always a risk of investing time and resources, but losing at trial.
Personal injury lawyers who work with clients in Phoenix
Southwest Injury Law assists local clients in the Phoenix area with legal advice and representation related to their injury lawsuits. Victims of accidents who need help can contact the firm for information.
Firm contact info:
4425 North 24th St., Ste. 225, Phoenix, AZ 85016