Recovering compensation after any type of auto accident can be difficult without the zealous representation of a seasoned attorney. If you were recently in a crash in a parking lot or garage caused by another’s negligence, a Roswell parking lot accident lawyer could help you get the compensation needed for your financial and physical recovery.
If you or a loved one was injured in this type of crash, you may be recovering from serious injuries including brain injuries, broken bones, lacerations, contusions, internal bleeding, organ damage, neck injuries, and back injuries. A skilled car accident attorney could determine which party or parties may have acted negligently and could be pursued for your accident losses.
Identifying Negligent Parties in Parking Lot Accident Cases
Texting while driving, distracted driving, speeding, and failure to yield to pedestrians are all factors commonly cited in parking lot crashes. Sometimes, poorly maintained asphalt or structural problems may also contribute to an accident. This means that not only the at-fault driver, but in some cases the property owner, may be liable in the event of a wreck.
With that being said, several criteria must be met to prove the liability of one or more parties involved in a parking lot crash. To bring a successful negligence claim, the injured party must prove that the at-fault party owed them a duty, breached that duty, and accordingly, caused the individual’s injuries and damages.
Monetary Losses That Could Be Recovered in Roswell
A wide variety of monetary losses may be recovered in parking lot accident claims, including economic, non-economic, and sometimes, punitive damages. Economic damages have an established value, and refer to financial losses such as medical bills, therapy costs, ambulance bills, and lost wages. On the other hand, non-economic damages refer to more subjective losses, such as future diminished earning capacity, emotional anguish, pain, and suffering.
Punitive damages are a separate class of compensation and are only awarded in rare circumstances if the court determines that the defendant’s conduct in the accident was malicious or grossly negligent. Punitive damages are designed to punish the defendant while dissuading others who may follow a similar course of conduct.
Recovering Compensation When Fault Is Shared
Even if the injured party may be partially to blame for the parking lot crash that led to their injuries, they could still recover compensation from the at-fault party or parties. However, their recoverable monetary losses would be minimized according to their percentage of assigned fault. So, if someone is 40 percent at fault for their injury, they could still recover 60 percent of their damages.
It should be pointed out that securing compensation in cases involving shared fault is only possible where the plaintiff’s percentage of blame is 49 percent or less. If their fault in the parking lot wreck is 50 percent or more, they may not be able to collect compensation.
Get Help from a Roswell Parking Lot Accident Attorney
If you have questions or concerns regarding starting a crash claim, a Roswell parking lot accident lawyer could help. A lawyer could provide you with a no-obligation consultation to review your potential claim and determine whether you may have a case for compensation. To speak with an attorney about your accident, call now to schedule your case evaluation.