Car accidents can ruin lives.
They are often deadly or can result in life-changing injuries.
They can also cause you to miss work, take on medical debt, and sustain mental anguish or trauma.
If you’re a victim of a car accident, it has likely uprooted your life in at least some way.
Many people pursue litigation against the responsible party to recover the financial damage they sustained after an accident.
While compensation may not cover all the damage, it can help victims get back on their feet after the devastation of an accident.
If filing an accident claim sounds like a good idea to you, you’ll want to consult with a lawyer to determine your case eligibility.
Your location can also impact your case eligibility.
State laws vary when it comes to determining accident liability and recovering damages.
Understanding your state’s rules and regulations can help you make more informed decisions regarding your case.
Compensation Limits
Your location may limit how much compensation you can receive.
While states like Arizona or New York won’t have limits, other states may, especially when it comes to pain and suffering or punitive damages.
Maryland and Colorado are some of the states that place a cap on pain and suffering damages.
In other states, like Georgia, you’re restricted to how much punitive damage you can pursue against the responsible party.
Discuss damage caps with your attorney to understand what laws apply to your state, if any.
Statutes of Limitations
For all states, there are time limits in which you can file a lawsuit starting from the day of your accident.
These time limits, or statutes of limitations, span from one year to six years, and they will vary depending on where you are and what type of lawsuit you’re filing.
Most car accident lawsuits deal with personal injury or property damage claims.
In some states, the statute of limitations will be different for personal injury and property damage.
In California, you have two years for a personal injury in a car accident, but you have three for property damage.
States like Tennessee have a statute of limitations of only one year, while other states like North Dakota give you six years to file a lawsuit.
You will need to make sure you file a lawsuit with your attorney in time if you’re looking for compensation.
Determining Accident Fault
How accident fault is determined can vary based on where the accident occurred.
Accidents are more common in busy streets in crowded cities like New York, Chicago, or Los Angeles.
Liability is typically applied to drivers who are under the influence or driving recklessly.
However, some victims may be found partially liable, like if they weren’t wearing a seatbelt or they were on their phones when a drunk driver hit them.
Under comparative negligence laws, a percentage of liability is applied to all parties involved in an accident.
Any compensation you receive will depend on what share of the fault you are assigned.
Pure Comparative Negligence
If you’re in a car accident in Los Angeles or New York City, you’ll be subject to California and New York’s comparative negligence approach, called pure comparative negligence.
You can receive compensation regardless of how liable you are for the accident.
If you are found to be 99% at fault, you can still receive a relative amount of compensation.
You’re never barred from recovering damages due to liability.
Other cities that practice this include Louisville and New Orleans.
Modified Comparative Negligence
However, if you’re in an accident in Chicago, you’re going to be subject to modified comparative negligence.
Modified comparative negligence means you can only receive compensation if you are under a certain liability threshold, typically at 50% or 51%.
You’re barred from recovering damages if you are over 50% liable for your accident.
Your Chicago auto accident attorneys will need to work hard to ensure you are under this liability threshold.
Other cities that apply modified comparative negligence include Miami, Atlanta, and Boston.
Car Insurance Fault
When you get into an accident, you’ll need to file a car insurance claim to help cover medical injuries or car damage.
Each state is typically split into two different car insurance liability laws: no-fault and at-fault.
At-Fault
If you’re in an at-fault state, like North Carolina or Texas, you’ll usually file a claim with the at-fault driver’s insurance.
You can file with your insurance and pursue compensation in court if desired.
No-Fault
You may not be eligible for a lawsuit if you live in a no-fault state like New York or Florida.
All parties in the car accident will file the claim with their insurance, regardless of liability.
Car accident lawsuits are only filed in these states under special circumstances, such as excessive damage or injuries.
It’s important to discuss your case with an attorney to determine eligibility.
Conclusion
State laws play a huge role in liability, eligibility, and compensation in a car accident case.
Find an attorney in the same state where your accident occurred.
They can work with you to gather evidence and facts about your accident to see if you may be able to recover damages.
If you live in a no-fault state or a modified comparative negligence state, it doesn’t mean all hope is lost!
An attorney consultation will give you the tailored advice you need to move forward if possible.
Leave a Reply