In every car accident, there is at least one individual that can be assigned fault. This party is the one who is deemed to be the negligent driver who was either ignoring standard traffic laws or improperly operating the vehicle in their control. Collisions in which at least one party is injured are a bit easier to navigate, as the consequences of their negligence have been made clear. However, in cases where no physical injury has been incurred, there may be challenges that arise in terms of receiving compensation for medical, psychological, and property damages. Whether you have been injured in a car accident or not, you may be eligible for compensation.
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What Constitutes Negligence?
No matter what extent of negligence the at-fault party is found to be guilty of, the burden of proof lies on the shoulders of the victim. All wrongdoing of the guilty party must be demonstrated thoroughly for the victim to earn all necessary compensation. Though this may seem like an unfair assignment of responsibility, this functions to protect both the plaintiff and the defendant. The defendant will not be held responsible for empty accusations, while the plaintiff will be provided the opportunity to thoroughly demonstrate their losses and experiences following the collision.
To prove the negligence of the at-fault party, you must first understand what negligence is: For an individual to be considered negligent, they must have had an existing duty of care, and have breached that duty, resulting in the injury of, or harm to, another party. (A duty of care is a legal obligation that is imposed on an individual to exercise a certain extent of care while performing a certain act.)
You must realize that negligence will not always result in physical injury. Oftentimes, it is also causing emotional or psychological distress, some of which may last for years following the incident. (Unfortunately, in many states, it is incredibly difficult to sue for negligence without a resulting physical injury. Certain states – especially at-fault states like California – make this much easier, though, and in all cases, this effort will be much more fruitful with the help of an experienced personal injury lawyer.)
Negligence Case Without Injury
In states that ease the effort of suing someone for negligence without a consequential personal injury, you may be able to file on the grounds of “negligent infliction of emotional distress.” This is a type of claim you can file in at-fault states, and allows you to pursue compensation for the following damages:
- Grief
- Anxiety
- Shock
- Worry
- Humiliation
- Shame
- Nervousness
Keep in mind that a majority of these cases are those of bystanders and not those who were directly involved in the collision itself. In any case, the plaintiff is expected to prove the manner in which they were affected by experiencing or watching the crash. It can be difficult to compose a successful case for negligence without injury, so you should enlist the help of an experienced personal injury lawyer. They will ensure that you are awarded exactly the funds you need to get the emotional and psychiatric help you need to move forward and restore your health.
