A Bus Accident Attorney Can Help Maximize Your Recovery
In case you have injuries from a bus accident, you might be wondering if you can actually get compensated for those injuries and, if applicable, how much your bus accident case is worth. Even though every bus accident is treated differently, here are some of the key factors that will determine how much you will get.
1. Who is to blame for the accident?
The at-fault party is determined based on the circumstances of the accident. In the case of a car accident, it is quite simple. In most cases, the person who is at blame is either you or the driver of the other car. Establishing fault in a bus accident case, on the other hand, is slightly more complicated: Was the accident the result of improper driving or another driver? Was the driver of the bus careless? Did the bus company display negligence in the hiring, training, or even supervision of the driver? Was the bus built by a negligent manufacturer?
Determining who is at fault is the very first step in injury lawsuits and this why hiring a good bus accident attorney can make all the difference in your case. You will definitely need an attorney with a high level of experience in this particular area.
2. Damages incurred
There are two different types of damage awards that you might receive: compensatory and punitive damages.
Compensatory damages are particularly intended to compensate for a specific injury or loss, and are usually based on things such as:
- Hospital bills: The degree of the sustained injuries due to the deliberate or negligent behavior of the one at fault is very crucial in determining a potential settlement amount in bus accident claims. Unfortunately, victims of bus accidents generally sustain very serious injuries. These injuries tend to be financially frustrating, resulting in thousands of dollars being spent on hospitalization costs and medical bills.
- Lost wages or drop in income: The party at fault ought to provide compensation for the lost wages that are a result of the injuries sustained during the accident. In cases where the injuries sustained are long-term and make it impossible for the victim to get back to work, experts will likely be called to establish the reduction or loss to the victim’s future income so that the victim can be compensated for those losses too.
Punitive damages, on the other hand, are particularly meant to punish the one at fault. They are normally reserved for cases of extreme transgression with the aim of preventing similar future occurrences. Simple car accidents do not necessitate punitive damages; however, if the bus driver, manufacturer, company or any other driver involved was egregiously negligent, then it is likely that their conduct could call for punitive damages.
The laws considered in bus accident claims are a bit different from those considered in a typical fender bender. Firstly, buses are viewed as “common carriers,” which means that bus drivers are normally held to higher standards of care compared to average car drivers. Additionally, employers might be liable for the actions of their employees. With regards to injury compensation, various jurisdictions have damage caps which place a maximum value on damage awards in these cases.
With all these factors in consideration, giving an exact figure on the value of a bus accident case is hard. It might take a skilled and experienced bus accident attorney with knowledge of your specific facts to provide a proper estimation of what your bus accident claim is actually worth. You need a bus accident attorney that will present a strong case for you and make sure that you get nothing but the best possible settlement.
Last Updated: 03-24-2017