How Can a Passenger in a Car Accident Recover Compensation?

 Posted on March 11, 2020 in Car Accidents

When most people think of personal injury claims involving car accidents, they typically assume that the driver of one vehicle is bringing a claim against the driver of another vehicle. However, this is not the only type of situation in which a person may be seriously injured in an auto accident. Passenger injuries can be just as catastrophic, if not worse, than driver injuries. If you have been hurt in a car accident and someone else was driving, read on to learn about how you may be able to recover compensation.

Determining Fault in a Passenger Injury Claim

The person at-fault for a car accident involving passenger injuries may be another motorist or it may be the driver of the vehicle that the passenger was riding in. In many car accident cases, the fault lies with more than one party. Often, passengers injured in a car accident feel uncomfortable bringing an injury claim against the driver of the vehicle that they were in because they have a personal relationship with that person. If this is your situation, it is crucial to remember that a personal injury claim is not an attack against the at-fault driver. If you choose to file a claim, you will most likely be bringing the claim against the insurance company, not the individual. You deserve to be compensated for your injuries even if the liable party is your friend, relative, or colleague.

Recovering Compensation for Damages

In order to bring a successful injury lawsuit, you and your attorney will need to prove two main elements: liability and damages. A driver who was driving under the influence of drugs or alcohol, driving recklessly, using a cell phone while driving, or otherwise acted negligently will most likely be considered liable for the accident. Damages refer to the economic and noneconomic losses you suffered from the accident. Emergency room bills, expenses related to ongoing medical treatment such as physical therapy, prescription medication costs, and other medical expenses are some of the most common damages awarded in car accident injury lawsuits. Many claimants also pursue compensation for lost income due to missed work. If you had personal property in the vehicle that was damaged or ruined in the accident, you may be eligible for compensation for these items as well. In many cases, a claimant is also awarded compensation for his or her physical pain and mental suffering.

Contact a Waukegan Car Accident Lawyer

If you were hurt in a serious auto accident, you may be burdened with expensive medical bills and left unable to work or enjoy life as you normally could. You deserve compensation for these damages. Contact at Salvi & Maher, L.L.C. to learn more. Schedule a free, personalized consultation with an experienced Lake County personal injury attorney by calling our office at 847-662-3303 today.

Sources:

https://courts.illinois.gov/CircuitCourt/CivilJuryInstructions/IL_IPI_Civil.pdf