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When to Take My Car Accident to Court - morgan and morgan
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When to Take My Car Accident to Court

When to Take My Car Accident to Court

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When to Take My Car Accident to Court

If you or someone you love has been involved in a traffic collision, you will likely face many kinds of challenges. Car accidents are one of the most stressful situations that anyone can experience. 

In the aftermath of an accident, you might wonder whether you can recover financial compensation through a legal claim. You may think, “I need to know when to take my car accident to court.” 

If you find yourself in this situation, do not hesitate. Reach out to the skilled legal experts at Morgan & Morgan. 

Our firm’s legal team has a sterling track record of effectively fighting for our clients’ best interests. You should not have to bear the burdens from an accident that you did not cause. 

When you are thinking, “I wonder when to take my car accident to court,” consult with a legal specialist immediately. At Morgan & Morgan, we will gladly review the facts of your traffic collision case. 

Our accomplished attorneys will accurately determine the value of your car accident case. We will work diligently to recover maximum compensation in your traffic collision case. 

Fill out the simple form on the Morgan & Morgan website to arrange a no-cost legal consultation with no obligation to hire our firm. We are ready to fight for you.

The Legal Concept of Negligence

If you are thinking, “I want to know when to take my car accident to court,” you will need to know whether you have a viable case. Most traffic accident cases rely on proving that the other party was negligent. 

The legal concept of negligence involves four distinct factors. These factors are duty, breach, causation, and damages. Below, we will discuss each of these elements in detail.

Duty of Care

Generally speaking, motorists owe other drivers and pedestrians a duty of care. This duty entails a responsibility to drive in a safe, reasonable, and legal manner. 

Driving safely helps to prevent accidents and property damage. Showing reasonable care while operating a vehicle also decreases the likelihood of serious injuries to those on the roadway. 

To prove negligence in a car accident case, claimants must show that the at-fault party owed them this duty of care.

Breach of Duty

The legal concept of “negligence” also involves showing that the at-fault party failed to fulfill their duty of care. In a car accident case, a breach of duty can take many different forms.

Some of the most common breaches of duty include: 

  • Driving under the influence of drugs or alcohol
  • Speeding
  • Engaging in hazardous maneuvers
  • Texting or talking on the phone while driving

Any activity that draws the driver’s attention away from the operation of the vehicle may qualify as a breach of duty. Drivers should always attend to the road in front of them. 

Showing that the other party behaved negligently requires you to prove that they breached their duty of care. In car accident cases, this typically involves providing evidence that they drove recklessly or carelessly.


To have a successful tort legal claim, the plaintiff must show that the defendant’s breach of duty caused harm. It is not enough to show that the defendant was negligent and that the claimant sustained damage. 

The claimant must provide evidence that the careless behavior was the reason that they sustained damages. For instance, suppose the claimant was in a car accident and fell ill with the flu the next day. 
In this case, the plaintiff could not pursue damages for any harm that resulted from the illness. 

Actual Harm

When a traffic accident does not result in any harm, it is not grounds for a valid legal claim. However, almost all traffic collisions result in some physical or financial costs to the victim.

To prove negligence in an auto accident claim, the plaintiff must demonstrate that they suffered actual harm. This harm may take the form of financial losses. However, victims can also pursue compensation for personal and physical harm. 

No matter the circumstances of your collision, you may wonder, “How do I know when to take my car accident to court?” With the help of a knowledgeable tort attorney, you can pursue all of the damages that you are rightfully owed. 

The legal experts at Morgan & Morgan are ready to fight for you. Since our founding, we have been helping car accident victims secure the compensation that they need to move forward.

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  • Common Types of Damages in Car Accident Claims

    When you have been hurt in a car accident, you may wonder what types of financial compensation you can pursue through a legal claim. Any type of harm or loss that you experience can be grounds for seeking financial recovery. 

    “Damages” is the term for payments to victims from those responsible for their accidents and injuries. Like most tort claims, car accident cases allow victims to seek two primary types of compensatory damages. 

    These two primary types of damages are called “economic” and “non-economic” damages. Most accident victims are uncertain about how to estimate the value of their case. 

    For this reason, it is critical to speak with a knowledgeable legal professional. The team at Morgan & Morgan will review your car accident claim and help you determine its value. 

    If your car accident was severe, you might be owed both kinds of compensatory damages. Below, we discuss these categories in detail.

    What Are Economic Damages?

    Economic damages are payments that compensate accident and injury victims for their financial losses. 

    Oftentimes, injury victims experience mounting financial obligations. Injured people should be able to focus on their recovery rather than worrying over monetary concerns. 

    Some of the most common examples of economic damages include compensation for: 

    • Vehicular and other property damage
    • Current and past medical expenses
    • Travel related to medical care, including ambulance rides
    • Hospitalization
    • Anticipated future medical care costs
    • Lost income and missed wages due to an inability to work
    • Anticipated loss of future earning potential

    Typically, victims only consider their immediate medical bills and vehicle repair costs. It is critical to have an experienced attorney review the facts of your claim to pursue all of the money that you are rightfully owed.

    What Are Non-Economic Damages?

    Some of the most devastating consequences of traffic accidents do not take the form of monetary expenses. When someone is injured in a car accident, they may experience long-term physical, mental, and emotional harm. 

    Even though this type of damage is not financial, victims still deserve compensation for these kinds of harm. Compensatory payments for these losses are known as “non-economic” damages. 
    Some typical examples of non-economic damages in car accident claims include: 

    • Physical pain and suffering
    • Mental anguish and distress
    • Anxiety, stress, and panic attacks
    • Depression
    • Post-traumatic stress disorder
    • Embarrassment
    • Loss of the ability to engage in hobbies and recreational activities

    Unfortunately, some traffic accidents result in fatal injuries to those who are involved. When this happens, the decedent’s surviving family and loved ones may be able to pursue a legal claim. 

    This type of tort case is known as a “wrongful death” claim. When a car accident results in a wrongful death case, the victim’s representative can recover damages that would have gone to the decedent if they had survived. 

    Some of the most common damages in wrongful death cases include: 

    • Compensation for the victim’s pain and suffering
    • Compensation for the family’s pain and suffering
    • The victim’s remaining medical bills
    • Funeral costs
    • Burial expenses

    Calculating the value of a traffic accident case is very complex. But no matter the circumstances of your car accident case, the team at Morgan & Morgan can help. 

    In rare cases, accident victims may be awarded “punitive” damages. This type of payment is not meant to pay back the injured person’s expenses; instead, it is meant to punish the person or other entity that caused an accident. 

    You should never settle for less compensation than you need to move forward. Let our accomplished attorneys determine the full value of your accident or injury case.

  • What Are Contingency Fees and Why Do They Matter?

    In the aftermath of an accident, some victims worry about the cost of legal services. This is understandable. 

    However, the firm of Morgan & Morgan operates on a contingency fee payment model. With this approach, clients pay nothing until their case has been successfully concluded. 

    When you hire one of our compassionate legal experts, we will agree to a specific portion of the recovery from your car accident claim. You will not pay a single dime unless we successfully recover financial compensation for you. 

    After we settle or win your traffic collision case, that percentage of the compensation will be allocated to cover the legal costs. You should never hire a personal injury lawyer or firm that requires you to pay upfront legal fees.

  • Should I Hire a Lawyer With Experience in the Courtroom?

    Yes! Although most car accident cases do not require litigation, some do. 

    Some insurance companies and liable parties are uncooperative. When settlement negotiations break down, your attorney may need to file a lawsuit on your behalf. While everyone wants to avoid a trial, sometimes they are necessary to recover the compensation that you are owed. 

    If your case goes to court, you should not worry about whether your legal representative has the necessary experience. The skilled lawyers at Morgan & Morgan have plenty of courtroom experience. 

    Our firm boasts more than 800 trial-ready attorneys all across the U.S. When you hire our firm, you can rest assured that we will take your claim as far as is needed.

  • I Want to Know When to Take My Car Accident to Court: Let Morgan & Morgan Fight for You

    If you have been involved in a collision, you may think, “I wonder when to take my car accident to court.” You should never pursue financial compensation in a collision case without the help of a knowledgeable legal professional.

    The accomplished team at Morgan & Morgan has the experience, skills, and knowledge to build a powerful case for you. Since our firm’s founding, our attorneys have recovered more than $15 billion dollars in financial compensation for our clients. 

    We understand the difficulties that car accident victims experience. That is why we will provide you with a no-cost and no-obligation legal evaluation. To schedule your free initial consultation, fill out the contact form on our website. Let Morgan & Morgan represent you.

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Last updated on May 03, 2023

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