If you’re hit in a car by someone else or if you’re physically hit by another person, you may have questions about who is liable for your medical bills and other losses. Will the driver of the car that hit you compensate you for your injuries? Can you sue if you're the victim of an assault? In this blog post, learn what your options may be legally if someone hits you.
Can I Sue if Someone Hits Me in a Car Accident?
In no-fault insurance states like New Jersey and New York, your own PIP (personal injury protection) coverage first applies to cover your losses from medical bills and lost income if you had to miss work. In the event that your expenses exceed your PIP coverage -- often the case in serious injuries -- it may be possible to file a claim or lawsuit against the at-fault driver(s) coverage if you can prove liability.
In order to prove that the other driver is responsible for hitting you and file a claim, you must show that the other driver was negligent in their actions (or lack thereof). Negligent behavior behind the wheel comes in many forms. Examples of behavior leading up to the car accident that could indicate the driver acted negligent include:
- Drunk driving
- Drugged driving
- Distracted driving
- Speeding
- Failing to obey traffic signals or signs
- Driver fatigue
- Driving aggressively
If you believe the other driver was at-fault for the accident and you suffered damages -- such as medical bills or lost income -- you may have a valid injury claim and can sue. Your best course of action is to consult with a personal injury attorney who specializes in car accident claims. A car accident lawyer will advise you on your options and what grounds you may have to sue if someone hits you in a car accident.
Can I Sue if Someone Assaults Me?
In legal terms, an assault can be both a criminal offense and a tort -- or a civil action. In other words, a physical assault can cause both criminal prosecution and civil lawsuit. However, there are several challenges to proceeding with a civil lawsuit for an assault.
In order to have grounds to sue someone who hits you, you must be able to show that the act was intentional and the other person’s intent was to cause harm. For example, if you’re at a concert and another fan is waving their hands and accidentally hits your face, you may not have a case for a civil assault lawsuit. In some cases, you may be able to use a negligence argument in a personal injury claim. The act needs to be intentionally harmful to sue for assault.
The point of a civil lawsuit is to make the victim financially whole again, so you need to be able to show proof of losses such as medical bills or missed income because of missed work. Further, insurance carriers typically do not cover assault so you would be attempting to recover your financial losses directly from the defendant. If that person does not have the means to pay out the lawsuit if you were to win, it may not make sense to file a lawsuit.
Do You Need a Lawyer?
If you’ve been injured in an accident or through someone’s intentional behavior, it’s best to contact a personal injury lawyer to discuss your options. Personal injury lawyers, like Brandon J. Broderick, Attorney at Law, understand the legal process and will work to maximize the value of your claim. Working with an experienced, top-rated personal injury lawyer can make all the difference in the outcome of your case and ease the worry and burden of dealing with the legal and insurance process.
Contact Brandon J. Broderick, Attorney at Law, for a free consultation. With locations in New York, New Jersey and Connecticut, our compassionate attorney team will listen to your story and advise you of your options. With our proven track record of success and our commitment to client care, we can turn your setback into a comeback.
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