Friendship is a beautiful thing, but it can be complicated. Even if your friend is the nicest person you know, there’s always a chance that they could do something that could put you in a difficult position.
Often, these things happen by accident, and in some cases, your friends won’t even remember doing it. For example, what happens when your friend runs into your car? Do you sue them? That might seem like the obvious answer— after all, it was their fault and not yours. But not all accidents are so cut and dry. Here are a few things you should consider before filing a lawsuit against your friend for running into your car and hurting you in the process:
The Basics of a Personal Injury Claim
Before we get into the specifics, let’s go over the basics of what a personal injury claim is, and who they can be filed against. Personal injury claims are filed against the party who caused the accident that caused you harm. That harm can be financial, emotional, physical, mental, etc.
For example, if your friend runs into your car, that is their fault. You can file a personal injury claim against them because they caused your accident.
You could file a claim against them for any harm you caused. Personal injury claims are sometimes filed against the other party’s insurance company. If your claim is successful, the insurance company pays you damages. The amount of money you receive is based on a variety of factors, including the severity of your injuries, how long they last, and how much treatment they require.
What If You’re Not Actually Injured?
If someone else is at fault for your accident, and it causes any damage whatsoever to your property, then you can file a personal injury claim against them.
There are some cases where you can win a personal injury claim even if you weren’t physically injured at all. For example, imagine that your friend runs into your car and scratches your paint. That’s damage to your property—in that case, you can file a claim against them. If the car is rare or special to you in any way, you could be suffering from mental and or emotional anguish in which case, you can make even more money from the suit.
The bottom line here is that even if you have not sustained physical damage, you can still file a lawsuit if the incident has caused you mental or emotional damage. Overall, you can file a personal injury claim if the damage is serious enough and occurred as a result of someone else’s actions.
What If It Was Actually Your Fault?
If your friend runs into your car, and it’s actually your fault, you don’t have a case against them. You can’t sue someone for running into your car if you were at fault for the accident.
Unfortunately, this becomes tricky if your friend was actually hurt in your accident. If that were the case, you should not attempt to file a lawsuit against them. Lawsuits are all about responsibility. When you sue someone, it’s because their actions caused you harm and they are responsible for that harm.
What About Emotional Harm?
Some people worry that they’ll be unable to prove that they were actually hurt by their friend’s actions in an accident. In fact, some people are so sure that they won’t be able to prove the damage that they don’t even bother filing a claim against their friend.
However, emotional harm is a valid form of damage that you can collect compensation for. In fact, people often file a claim for emotional harm.
There is a difference between damage and injury. Damage is an effect that injury has on you. It’s caused by the accident but it isn’t always medical in nature. For example, the damage could be that you have trouble sleeping after the accident or if the emotional trauma has caused you to miss work. That’s not a physical injury, but it is still a valid form of damage.
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Should You Sue Your Friend?
If you’ve read this and you’re absolutely sure that the accident was your friend’s fault and you were injured as a result, the next step is to file a lawsuit. After all, you’ve got a solid case against them, and it’s only fair that they pay for your damages. However, it’s important to remember that your friend may not have been out to hurt you on purpose.
Ultimately, it’s up to you to decide whether you should sue your friend or not. You should know that while suing your friend could yield a generous amount of money, it could ruin the relationship. Then again, you might need the money, especially if the injury has affected you financially.
Depending on your financial situation, suing may be the best option. For example, if the injury that your friend caused has cost you a job, it can be financially devastating. When your finances have been flipped upside down because of an injury, seeking compensation is an appropriate course of action.
Need Help Filing a Lawsuit? Call Anidjar & Levine!
If you need help filing a lawsuit, you can count on the dependable team at Anidjar & Levine. Our attorneys focus on personal injury law and have a wealth of experience to put in your service. Choosing whether to sue your friend or not is up to you, winning, is up to us. The sooner you call, the faster we can review the details of your case and recommend a course of action.
In an Accident? The Law Offices of Anidjar & Levine Can Help.
Our injury attorneys assist people in Florida who have been injured in traffic accidents caused by negligent drivers, road rage, and more. Contact us today to explore your legal options and determine if you qualify for financial compensation. You may be able to collect compensation for medical bills, loss of wages, disability, and other losses related to your injuries.
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