After an injurious car accident, you should not be wading through all manner of legalese to get the compensation you deserve. While a personal injury lawyer can help protect your interests in such cases, it is also ideal that you educate yourself as much as possible about the process. Here then is a brief lexicon of some terms to understand in your injury claim or lawsuit.
Actual Cash Value
This refers to the market value of a vehicle. This is the amount that an insurer might pay you for your vehicle damage. That being said, getting the actual cash value of your totaled car may not actually get you the full amount you need to replace your car.
Liability
Whoever is to blame for the crash is liable, and whoever is liable will be on the hook for compensating others in the crash for their damages. Liability can be shared by multiple parties in an accident, however, complicating the process of obtaining compensation, as each party is responsible for a differing percentage of a payout. Liability can be determined by sifting through the police report, considering eyewitness testimony, looking over pictures of the scene, and more.
Negligence Per Se
The term “negligence” refers to a breached duty of care (e.g. the duty of maintaining control of your vehicle and driving it safely), a breach that was not on purpose. “Negligence per se” means an act of is inherently irresponsible; this could include something like a person driving in the wrong direction or going 120 miles per hour. If you can prove negligence per se, you have done all that is needed to prove liability.
Uninsured or Underinsured Motorist Insurance
If you have been in a hit-and-run accident, or if you were struck by a driver who lacks sufficient coverage, or any coverage at all, then your own insurance policy may cover you. This would come through an uninsured/underinsured motorist (UIM) policy. Anyone driving on the road without full insurance is probably doing so because they cannot afford the premiums; a lawsuit would be unprofitable. Your own insurance company can compensate you for damages sustained in a vehicle accident.
If you have any further questions, then please do not hesitate to contact Morris & Dewett Injury Lawyers. Our Shreveport personal injury lawyers have decades of legal experience, and we are committed to tenaciously defending the rights of our clients. We want to help you recover the compensation that can get you on the road to physical and financial recovery. And we want to help you stay informed each step of the way. Find out how we may be able to serve you, whether you are dealing with insurance or want to file a personal injury lawsuit; call us today!
