In most of the states of America, drivers or anyone who owns a vehicle is required to buy motor insurance. This helps them cover the damages of another party if the driver injures them. However, many vehicle owners do not carry insurance despite this being an obligation.
If you are involved in an accident where the other party is at fault, you must want to seek compensation from them. However, you may find it difficult to recover any damages at all if the defendant does not carry insurance. During such situations, you have to opt for a lawsuit since you cannot file a claim with their insurance company.
Acquiring injuries and damages due to the other party’s negligence can be angering. Dealing with an uninsured motorist can be challenging. A Houston personal injury attorney can help you navigate through the legal procedure.
Can You Recover Damages From An Uninsured Motorist?
Since an uninsured motorist does not have motor insurance, you cannot file a claim with their insurance company for monetary compensation. This leaves you with one option: filing a lawsuit. A lawsuit is the only way to recover your damages from the other party if they do not carry insurance.
In a lawsuit, you are required to show that the defendant was at fault in the accident. You also need to establish proof for the various damages you claim.
The difference between filing a compensation claim and a lawsuit is that the former procedure takes place outside of court. It only requires speaking with the insurance companies and settling a claim. A lawsuit is a proper court procedure before a judge and the jury.
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Types of damages you can recover from an uninsured motor accident
Depending on the nature of your case, your Houston attorney can help you recover various damages. Some of the common ones include:
- Medical costs: This involves your entire treatment costs, such as your surgery, medications, doctor’s appointments, therapy, etc.
- Lost wages: This refers to the total amount of salary or wages a person loses when they are absent from work due to their medical treatment.
- Pain and suffering: This is non-economical damage and rather difficult to prove. It involves the physical and mental stress the victim experiences.
- Loss of enjoyment of life: This refers to how an injury or accident impacts your life. For example, if the injuries prevent you from playing your favorite sport, you can demand compensation.
- Loss of earning capacity: When you go through a catastrophic accident and acquire injuries that permanently affect your body, you may no longer be able to return to your workplace again. In that case, “loss of earning capacity” damages can compensate for your loss.
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