Can You Receive Compensation If the Accident Was Your Fault?

Can You Get Compensation if the Accident was Your Fault

You might still be eligible for compensation even if you bear some responsibility for the accident. However, the amount you can claim will depend on the extent of fault assigned to you by the insurance company or a jury. At Garrity Traina, our team can assist you in navigating the complexities of pursuing compensation following an accident.

Qualifying for Compensation after an Accident

What types of compensation can accident victims seek? A knowledgeable attorney from our firm can assess your case and help you determine the appropriate amount to claim. Depending on the nature of your injuries, you may be able to receive compensation for:

  • Past and future loss of income due to reduced earning capacity or inability to work
  • Current and future medical expenses for both physical and psychological injuries, including related travel costs for medical treatment
  • Costs associated with repairing or replacing your vehicle or arranging alternative transportation during the repair period
  • Expenses incurred for hiring additional help or services, such as a housekeeper, that you would not have needed if not for the injury
  • Physical pain and suffering resulting from the accident injuries
  • Emotional distress caused by the accident itself and the challenges posed by the physical injuries
  • Temporary or permanent physical or cognitive disabilities
  • Severe scarring that alters your physical appearance, limits your range of motion, or affects your self-esteem
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Wrongful Death

If your loved one did not survive the accident, you may be entitled to compensation through a wrongful death lawsuit. This compensation may include damages that your loved one could have pursued if they had been able to file a personal injury claim, as well as:

  • Funeral and burial expenses
  • The loss of your loved one’s income, which you and other dependents relied on for financial support
  • The loss of companionship, guidance, and other intangible benefits your loved one provided

Fault and Compensation

Different states have varying laws governing the ability to recover damages when an individual bears partial responsibility for their injuries. In certain jurisdictions, the more at fault a person is, the less compensation they can collect.

At Garrity Traina, we would be more than happy to review your case and inform you about the applicable laws that may impact your potential settlement.

For a complimentary legal consultation, please call (800) 537-8185.

Getting Legal Assistance in a Car Accident Case

In 2019, we achieved success in over 6,500 cases, providing each client with responsive and professional service. Our approach to assisting clients involves:

  • Investigating the accident: We gather critical evidence, such as police reports and witness statements, which can sway the insurance company to offer a fair settlement.
  • Evaluating damages: Following a thorough review of your case and the available evidence, an attorney from our firm can determine the potential compensation you may be entitled to.
  • Preparing and filing paperwork: Even a minor mistake on legal documents can jeopardize your case. We take responsibility for accurately completing and submitting all forms, including the settlement agreement.
  • Negotiating a settlement: We can engage in negotiations with the insurance company’s representatives to advocate for a favorable resolution.
  • Pursuing a jury award: If negotiations break down, we are prepared to go to court. We can compile trial exhibits, interview witnesses, and undertake other necessary preparations.
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Filing Your Lawsuit within the Time Limit

To preserve your right to seek damages, it is crucial to take prompt action. Each state has specific laws dictating the time frame within which accident victims must pursue compensation, and certain exceptions can further limit that deadline.

Due to these time constraints, known as the statute of limitations, and the potential deterioration of evidence, it is advisable to initiate legal proceedings as soon as possible.

Identifying Responsible Parties to Sue after an Accident

Do you know all the parties liable for your case? Even if you are aware of one responsible party, such as the other driver, there may be additional entities you can sue for additional compensation. At Garrity Traina, our team can thoroughly investigate the accident and determine whether you should file a lawsuit against:

  • The driver: If the other driver exhibited negligence or carelessness
  • The driver’s employer: If the driver’s reckless actions resulted from harmful company policies or pressure
  • A maintenance team: If negligence in maintaining your vehicle, the other vehicle, or the roadway contributed to the accident
  • An auto manufacturer: If a defect in your car or the other vehicle’s parts played a role in the accident
  • A combination of the above

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Let Garrity Traina Represent You

To receive a complimentary case review, please contact the Garrity Traina law office at (800) 537-8185. We are committed to helping you obtain compensation for the accident and determining fault. With 15 offices across four states—Mississippi, Louisiana, Arkansas, and Alabama—we are conveniently located. Our attorneys work on a contingency basis, ensuring that you do not pay attorney’s fees unless and until you win.

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Questions? Call (800) 537-8185 to locate a Garrity Traina office near you.