Mark Roman | November 10, 2021 | Car Accidents
Each year, thousands of people are injured in traffic accidents. When this happens, the victim can pursue financial compensation from the person or entity who caused the collision.
However, some car accidents do not result in personal injuries. In these cases, drivers may wonder if they can still sue for a car accident when they are not hurt.
Below, we will explore the possibility of filing a car accident lawsuit that does not involve an injury.
Can I File a Lawsuit for Vehicular Damage?
Even if you were not injured in your car accident, you can file a lawsuit to pursue associated damages. When your car or truck was damaged in the accident, the liable party may owe you financial recovery.
This type of lawsuit can also account for any property that was damaged inside the vehicle. If the damage is minor enough, you may be able to pursue a case through small claims court.
In the state of Florida, claims of $8,000 or less can be filed through the small claims court. Higher damages will require a different type of legal action.
If the value of your damages is higher than $8,000, you may need to file a civil court lawsuit. Not sure how much your case is worth? A personal injury lawyer will be able to evaluate your claim and build a persuasive case for you.
You may be able to recover the full cost of repairing or replacing your vehicle and any other damaged property after an accident. To do so, most property damage tort claims rely on the legal concept of “negligence.”
Understanding Negligence
When someone fails to exercise the proper level of care, they may cause harm to others. Victims of this type of carelessness have the legal right to pursue financial compensation.
Physical injuries are not the only type of negative outcome that can arise from car accidents or other mishaps. Other types of damage may cause you financial, mental, or psychological difficulties.
To prove that the other party was negligent, a claimant must prove the following four things:
Duty of Care
The plaintiff must show that the liable party owed them a duty of care. For example, drivers have the responsibility to others on the road. They have a duty to control their vehicles in reasonably safe and legal ways.
Breach of Duty
When a person breaches their legal duty of care, accidents and injuries become likely. To prove negligence, the claimant must provide evidence that the at-fault party failed to fulfill their duty of care.
In the case of a traffic accident, this might mean that the liable motorist drove in a careless or reckless manner.
Cause
The plaintiff must prove that the other party’s actions caused their damages. If another factor, such as severe weather, was the reason for the harm, the claimant will be unable to prove negligence.
Actual Damage
For a negligence case to be successful, it must be clear that the plaintiff sustained actual damages. If the reckless behavior in question did not cause any harm, you will be unable to prove negligence.
Speaking with a skilled car accident lawyer is the best way to recover the financial compensation that you are owed.
Types of Damages in Car Accident Cases
Most car accident cases involve personal injuries. Claims for this type of accident often include compensation for:
- Medical treatments and prescriptions
- Lost wages from missed work
- Physical pain and suffering
- And more
But if your accident did not result in an injury, these damages will be unavailable. With the help of an experienced lawyer, you can file a claim for the costs of your property damage, rental car expenses, and more.
Following an accident, it is important to take the right steps to hold negligent drivers accountable. A legal professional can evaluate your case and help you to determine your next best steps.
Contact the New Port Richey Car Accident Law Firm of Roman Austin Personal Injury Lawyers for Help Today
For more information, please contact the legal team of Roman Austin Personal Injury Lawyers for a free initial consultation with a car accident lawyer in New Port Richey. We have four convenient locations in Florida: Clearwater, New Port Richey, and Tampa.
We serve throughout Pinellas County, Hillsborough County, Pasco County, and its surrounding areas:
Roman Austin Personal Injury Lawyers – Clearwater Office
1811 N. Belcher Road, Suite I-1
Clearwater, FL 33765
(727) 787-2500
Roman Austin Personal Injury Lawyers – Congress Ave Office
2360 Congress Avenue
Clearwater, FL 33763
(727) 591-5610
Roman Austin Personal Injury Lawyers – Tampa Office
6601 Memorial Hwy Suite 202
Tampa, FL 33615
(813) 686-7588
Roman Austin Personal Injury Lawyers – New Port Richey Office
2515 Seven Springs Blvd.
New Port Richey, FL, 34655
(727) 815-8442