Can You Sue for a Car Accident in San Antonio if You Are Not Hurt?
December 22, 2023 | Car Accidents
If you’ve been in a car accident in San Antonio, you can pursue a negligence claim even if you do not have a physical injury. One of the elements of a negligence claim is damages, which requires the plaintiff to show that they experienced some sort of harm. While a negligence claim requires a showing of damages, the harm the plaintiff experienced need not be physical.
Understanding what a negligence claim is and how to pursue compensation for harms sustained in the accident is crucial.
What is a Negligence Claim?
After an accident, victims can bring a negligence claim for any harm they have suffered due to the accident. If successful, the damages award obtained will compensate the victims for those harms. There are four elements a plaintiff must prove to bring a negligence claim: duty of care, breach of duty, causation, and damages.
Damages compensate for the harm the victim has suffered. This may be a physical injury, like a broken bone, or a nonphysical injury, including financial and emotional injury.
Types of Injuries for Which You Can Obtain Compensation
Plaintiffs can claim two types of damages for their injuries: economic and non-economic damages.
Economic damages seek to compensate plaintiffs for tangible, measurable losses. These include bills for hospital stays, lost wages during the recovery period, and loss of earning capacity due to the injury.
However, economic damages can also include property damage. If your car or any other personal property was damaged in a car accident, this counts as an economic injury for which you may obtain damages.
Non-economic damages compensate for intangible harms. These can stem from physical injuries. These include loss of enjoyment of daily activities. Non-economic damages also include loss of consortium or the impact of a physical injury upon one’s relationships.
However, plaintiffs can also claim non-economic damages for emotional distress. Loss of enjoyment and consortium also apply to non-physical injuries, such as anxiety and post-traumatic stress disorder (PTSD).
What You Need to Prove to File a Car Accident Claim
To protect your rights after a car accident, you should obtain the following types of evidence:
- Photographic Evidence: Capture images of the accident scene, including the vehicles involved, their positions, any visible damages, road conditions, traffic signs/signals, and relevant landmarks.
- Vehicle Information: Gather details about the vehicles involved. Collect make, model, year, license plate numbers, and insurance information. This data helps in confirming ownership and insurance coverage for claim settlements.
- Physical Evidence: Preserve any physical evidence from the accident. Hold on to damaged personal belongings, clothing, or any parts from the vehicles involved.
- Documentation: Obtain a copy of the police report. This report details the date, time, location of the accident, involved parties, and initial findings of fault.
- Witness Statements: Statements from impartial witnesses at the scene can corroborate your account of the accident, providing additional credibility to your claims.
- Communication Records: Preserve all emails, text messages, or letters exchanged with the other parties, insurance companies, or any legal representatives. These records can serve as valuable evidence of communication and negotiations.
- Your Account: Record your recollection of the accident as soon as possible. Include details about the sequence of events leading up to the collision, weather conditions, and any other pertinent information while it’s still fresh in your memory.
Regardless of whether there are physical injuries, you are entitled to compensation for all harm. Obtaining proper documentation can improve the likelihood of receiving compensation.
Is It Worth Suing After a Car Accident If I Am Not Injured?
You deserve compensation for all harms: physical, emotional, and financial. If you experienced any emotional distress due to the accident, or if your car or personal property were damaged in the accident. You need compensation for your injuries.
Do I Need a Lawyer to Sue for a Car Accident?
Consulting an experienced car accident lawyer can increase your likelihood of success on your claims. Car accident lawyers have the expertise to navigate the complexities of legal procedures and negotiations. Bringing a case on your own, called pro se representation, comes with risks. If you miss any minor procedural requirements, you risk dismissal of your claim.
If you have been in a car accident in San Antonio, TX, you do not have to navigate the legal landscape alone.