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Suing When Someone Causes an Auto Accident on Purpose
Often, a car accident is just that—an accident. The other driver might not have been paying attention to the road, for example, or a part on their vehicle malfunctioned. Unfortunately, though, a simple accident is not always the case.
In some cases, the other driver might have deliberately tried to harm you. Whether because of a personal vendetta or aggressive driving, known as road rage. The results can leave you severely injured and needing funds to cover your physical, emotional and financial losses. Suing when someone causes an auto accident on purpose can be stressful, but you deserve that compensation.
Unfortunately, these claims can be a little confusing, especially if you’re dealing with any criminal charges related to the accident. Enlist the help of a qualified car accident lawyer for help building your claim and collecting the necessary evidence.
Criminal Charges vs. Injury Claims
When someone harms you intentionally, they could be arrested and tried for assault. Cars are especially dangerous, considering their capacity for high speeds and damage-inducing steel frames. If someone chose to assault you by causing a car accident, they may face criminal charges.
If this is the case, you’ll have to wait for the criminal trial to conclude before you can file a civil claim for your damages. The criminal trial will take priority, and you won’t receive compensation, as a criminal trial is intended to punish those for breaking the law rather than compensating the victim.
Whether the driver is found guilty at the close of the criminal trial, you still have the opportunity to file a civil claim. This is where your lawyer can compile evidence to show that the other driver was negligent in order to secure the funds you need for your recovery.
Suing for Punitive Damages
Once the criminal trial is over, you’ll need to file for your damages. It’s vital that you get the funds you deserve for your losses, financial or otherwise. You’ll also want to consider seeking punitive damages in these cases of intentional harm.
Punitive damages are different from your other compensatory damages because they are strictly meant to punish the defense for their conduct. If they acted in an especially dangerous way, or if they had an intent to harm, the judge may award damages beyond the ones meant to compensate you.
These damages can be difficult to fight for. Because they’re awarded so rarely, you’ll need further proof that the driver was acting with an intent to harm. Your lawyer can use any evidence from the criminal trial to help your claim succeed.
Seeking Compensation for Criminal Negligence
When you’re in a car accident that you didn’t cause, you are already entitled to compensation for the damages you’ve endured. But, when the at-fault party intended to cause you harm, the aftermath can feel even more overwhelming.
Suing when someone causes an auto accident on purpose is difficult. Fortunately, it can be easier with a lawyer from The Law Offices of Gary S. Greenberg on your side. We have the tools to determine how much your claim is worth and the experience to use any criminal evidence to your benefit.
Get started today by setting up a free consult. We’ll take a look at your case before you sign anything, and then you will know we’re right for you. Give us a call at 414-271-7007 or get started with our online form below for your free claim review.