State laws on the recovery of damages for pain and suffering vary greatly. In lieu of a lawsuit, I recommend mediation (I happen to be a certified mediator--doesn't work with insurance companies) or arbitration (which can be binding or non-binding). However, a lawsuit will likely be the only way you will be able to collect pain and suffering if you are battling an insurance company. A personal injury lawyer in your area can give a free consultation (see the yellow pages) and inform you of your state's laws on damages for pain and suffering, as well as any alternative dispute resolution forums in your area.
Get a lawyer. You can recover damages from his estate but it needs to be filed before the estate clears probate.
Mass is a Modified Comparative state, but I'm not sure if it is 50/50 or 51% rule, I found conflicting info.In states with a modified comparative fault - 50% rule, an injured party can only recover if it is determined that his or her fault in causing the injury is 49% or less. If the injured party's fault level reaches 50%, he or she cannot recover any damages. In states with a modified comparative fault - 51% rule, an injured party can only recover if it is determined that his or her fault does not reach 51%. If the injured party was 50% or less at fault, he or she may still recover damages. In other words, a plaintiff may have caused half of the accident and still recover damages from the court, but if it is found that the plaintiff's fault was responsible for more than half (thus 51%), of the accident, that plaintiff is barred from recovering any damages. It is also Joint and Several liability. Remember that exceptions to the standard negligence systems are present in several states. Some states limit the types of cases these negligence systems apply.
The victim would be able to file a civil law suit against the driver (and others) and attempt to recover their damages from the accident, such as medical expenses or damages to their property.
You have 2 years to take him to small claims court to recover your damages.
In most U.S. states you can be sued for any damages and/or injuries that are not taken care of by your insurance coverage. A few states have laws which only allow the injured party to recover the amount alloted by the insurance coverage when specific circumstances exist.
You are financially responsible for loss experienced by the damaged party. If you are unable to pay for the damages you may loose driving privileges and/or be taken to court in an attempt to recover damages.
Noneconomic damages are for pain and suffering. Tort reform often involves imposing maximum amounts that plaintiffs can recover for these damages, since they are very difficult to put a price tag on.
Yes, you can file a lawsuit in the proper court and recover your damages if the person is unwilling to pay voluntarily.
That issue sometimes arises in matters that require, by law, a permanent injury in order to recover damages for "pain and suffering". Many states employ the "impact rule" which requires a physical impact before one is entitled to recover damages for anxiety (by whatever name called).
Yes, you can be sued. Whether or not the injured can recover any damages depends on relevant state law and the facts and circumstances.
If the other driver was at fault and had liability insurance, you may be able to recover these damages. However, many states only require that drivers or registrants of vehicles have property damage liability insurance, which only pays for property damages caused by their negligence. Also, most states require that you sustain a permanent injury to a part of your body in order to maintain a claim for pain and suffering damages. The permanency must be validated by a health care professional. Therefore, without knowing more, it cannot be said with certainty whether you can recover these damages.
Only if the other driver was at fault. If the driver of the uninsured vehicle was at fault, the injured person would have to recover damages from them.
A suit to recover damages in civil court.
The Court charges you that the mere fact that there has been an accident and as a result thereof, the plaintiffs have been injured does not, in and of itself, entitle the plaintiffs to recover.
You should contact the at fault party's insurance company and let them know you have a property damage claim. You will need an accident report. Photos of the damage or an estimate for repair will also be helpful.
The kind of damages a plaintiff can recover if a defendant's actions have been fraudulent, wanton, or outrageous depends on the damages to the plaintiff. If the actions are wanton, the damages tend to be higher than if they are simply fraudulent.
The poor countries do not have proper amount of money to recover damages from an earthquake but a rich country can recover damages as they have lots of money.
If the driver of the car you were in was at fault and had no insurance you are out of luck. your only recourse if to sue the person who you were driving with to recover damages. If your driver was not at fault but had no insurance the other parties insurance would have to cover your damages. The lesson is not to ride with people who do not carry auto insurance, ever.
It has been nearly ten years, and the damages are not nearly recovered yet.
Yep! * Perhaps, they would be able to recover medical costs but the circumstances of the accident would determine whether or not punitive damages could be awarded.
You should contact a lawyer and press charges in a civil court. Depending on the damages, you could possibly settle in small claims without the need for an attorney. Make sure you obtain a copy of the police report.
unfortuneltly she dies
No. You might face criminal penalties, but fault is determined on the facts of the incident. Also, driving without insurance limits your right to recover damages in some states.
25 to 100 years
That is a great question! The answer is, it depends. If there is outright and proveable negligence on the part of the employer, the insurer may have cause to either deny paying the claim (under the employers's liability coverage), or pay the claim to the injured party(ies), and then litigate the employer to recover the damages.