Most car accidents involve at least one passenger. Sometimes, passengers suffer injuries that are very serious. When you’re a passenger in a car accident, you may wonder how to go about getting the compensation that you deserve. You may wonder if you can get an attorney as a passenger in a car accident. The answer is yes, you can get an attorney if you’re a passenger in a car accident.
Our Nevada attorneys explain what you need to know.
Can A Passenger Retain A Car Accident Attorney?
Yes, a passenger can retain a car accident attorney. The attorney can represent you in all aspects of pursuing compensation like notifying the insurance company of the claim and evaluating settlement offers. They can bring a legal claim and pursue it on your behalf. A passenger can retain a car accident attorney to protect their legal rights and take steps towards helping the passenger receiving fair compensation.
A car accident attorney can help the passenger protect their legal interests. Much like an attorney can represent a driver after a car accident, an attorney can represent a passenger as well.
The differences between driver and passenger representation include things like who to consider that may be responsible for damages (both drivers and their insurance companies may be liable to a passenger), and the fact that comparative negligence is unlikely to be an issue for a passenger.
Here are some things that your attorney wants you to understand if you’re a passenger in a car accident:
1. A passenger may deserve financial compensation when they’re hurt in a car accident
Compensation for a car accident isn’t limited to just the drivers.
When you’re hurt in a car accident, you may deserve financial compensation even if you’re the passenger. In fact, your legal rights are much like the rights that the driver has who is not at fault for the accident.
The range of compensation that you deserve, like financial losses and pain and suffering, is the same range of compensation that a driver who is a victim can receive for their case.
2. They may have a claim against the other driver, the driver of the vehicle they are in, or both
Evaluating a car accident case for a passenger is slightly more complex than it is for a driver. That’s because both of the drivers may share liability for the accident.
Winning fair compensation may be a matter of filing claims with multiple insurance companies. Of course, the drivers may try to point fingers at each other, so proving the fault of each driver may be an important task.
3. The passenger may also have a claim against a vehicle manufacturer
In addition to having a claim against the drivers, a passenger should also look at whether they have a claim against a vehicle manufacturer. If the accident occurs because of a defect with the vehicle, it may be the vehicle company that has legal liability.
An attorney for a passenger in a car accident can help you evaluate whether you should bring a claim against a vehicle manufacturer.
Read More: Car Safety Recalls and Liability
4. The attorney can work for you to receive fair compensation
Once you sort out who may be responsible for your claim, your attorney helps you address the unique issues that may be present in working to receive fair compensation for a passenger. The insurance companies may offer a settlement, and your attorney can help you evaluate the offers. However, it’s often necessary to file a formal legal claim.
An attorney for a passenger in a car accident helps with everything that is part of pursuing compensation. They assist you with all of the following steps:
- Drafting the summons and complaint
- Serving the appropriate parties
- Addressing issues of comparative negligence between parties
- Understanding questions of how a settlement with one party may impact the case against another party
- Building the evidence; conducting depositions
- Presenting the case at trial; negotiating non-trial settlements
When you’re a passenger in a car accident, an attorney can be your advocate. Not only can you hire an attorney, but the attorney you hire can help you with all of the steps that are a part of getting monetary compensation for the passenger.
What Damages Can I Claim As A Passenger In A Car Accident?
If you are a passenger in a car accident, you can claim any of the following injuries and damages:
- Broken bones
- Traumatic brain injury
- Spinal cord injuries
- Soft tissue damages; bruising
- Tendon and ligament damage
- Other medical injuries and the costs associated with treatment
- All medical bills associated with treatment
- Physical therapy
- Wheelchairs, scooters, in-home medical devices as needed
- Pain and suffering
- Emotional anguish and distress
- Punitive damages (if you qualify)
Your attorney helps you identify and claim all of the losses that you have.
Can I Claim Whiplash If I Was A Passenger?
Yes, you can claim whiplash if you were a passenger. As a passenger, you have a right to claim the full range of damages that may apply in your case. If you have whiplash, with or without broken bones, you may claim it as a passenger. In order to make a claim for whiplash, you need to document the injury through receiving medical care and a medical examination to identify your injuries.
Related: What Exactly is Whiplash?
Nevada Attorneys For Passengers In Car Accidents
Our Nevada attorneys for passengers in car accidents can represent you! If you’re looking to hire an attorney to represent you when you’re a passenger involved in a car accident, we invite you to meet us to learn about our team. Adam Kutner, Injury Attorneys is a large team of attorneys and other professionals who fight aggressively for the rights of car accident victims. To us, your case is personal. We give your case the individual attention that you need to get results.
Adam Kutner, Injury Attorneys has a long history of representing passengers in car accidents. We understand the unique issues that are involved, and we’re dedicated to working to protect your rights. Your consultation is free, and there’s no obligation.