Your Fundamental Legal Rights

If you have been involved in a collision, the law provides you with specific legal rights. These rights have developed over hundreds of years through our courts and legislatures. They are intended to ensure that you receive fair compensation for losses caused by the negligence of others.

But as with many rights in our democracy, these rights are only ideals or promises. Without a working understanding of our system, those ideals will not be fulfilled. There are many obstacles individuals will confront opposing their claims for compensation. The other driver will often present a different version of events. A police officer may not have sufficient information to assess the responsible party. Insurance companies will diligently search for reasons to deny your claim. The courts and juries will require strong evidence of the legitimacy of your case. Consequently, it is best to have an experienced advocate at your side through the entire process. And it is important to know your rights.

Physical Injury Rights

You have a right to be:

• Compensated for the effect that injuries have on your general physical and mental health;
• Compensated for physical pain and mental anguish suffered in the past, and for related effects which may be experienced in the future;
• Compensated for pain, suffering, inconvenience, physical impairment and disfigurement;
• Compensated for an aggravation or worsening of a previous condition;

Property Rights

You have a right to:

• The fair market value of your motor vehicle if the costs to repair exceed the fair market value;
• Reimbursement for all repair costs to your vehicle;
• Repair or replacement of any other personal property which has been damaged or destroyed by the accident;
• Use of a rental car while your automobile is being repaired, at no cost to you.
• Be reimbursed for the transportation cost to and from the medical facility;
• Be compensated for your car's loss of value because its re-sale value is diminished, even if it has been restored to its former condition.

Medical Rights

You have a right to:

• Obtain the medical care of your choice;
• Be compensated for medical expenses reasonably and necessarily incurred in the present, and reasonably expected in the future.

Loss Income Rights

You have a right to

• Recover any lost wages, loss of earning capacity, or loss of income resulting from the accident.

To aggressively pursue these rights, contact the Law Office of Frank A. Kirsh, L.L.C.

A collision is rarely an accident. A collision occurs because a person makes a mistake. If a reasonable person would not make this mistake, our laws characterize this action as negligence. If a person is deemed negligent, they are responsible for all damages connected with the collision. If people would drive safely, there would be very few collisions. All drivers are legally obligated to comply with the rules of the road.