I was recently involved in a car accident. Unfortunately, since it was my first accident, I was scatter-brained and anxious. What I did not realize at the time was that the actions you take immediately after the accident can affect a personal injury case and the outcome of that case. I wanted to find a way to share my experiences and mistakes with other. Since the Internet is so popular, I figured this would be a great way to do so. While you likely aren't planning on being in an accident soon, if you are, hopefully you remember some of the tips I share on this website.
Many victims wonder if they are owed more compensation than the other driver's insurer is offering them. While many get offered a car repair and payment of their medical bills, some victims are entitled to more than that. An auto accident attorney can help you determine whether your case is worth pursuing by examining the following elements. Read more below.
The Other Driver Should Be At Fault
Fault is a very important part of a car accident case. The driver found to have caused the accident is liable for paying the damages (using insurance) of both drivers. In most cases, the fault is decided quickly by the responding law enforcement officer.
Fault may be determined using the evidence at the scene along with the statements of eyewitnesses and drivers. Additional proof of fault can come from video footage. In contested cases, accident reconstruction experts are consulted.
Physical Injuries Must Be Apparent
If you are not hurt in the accident, that is a good thing, However, car accident personal injury cases require that you be physically injured to be paid for lost wages, medical expenses, and pain and suffering. You don't have to prove injuries just to have your vehicle repaired, however.
It's vital to seek medical treatment as soon as you can after an accident. Get checked out even if you feel fine. You might have hidden injuries that worsen over time so watch for head trauma, internal injuries, and whiplash.
You Must Have Proof of Damages
The third element is proof of damages. You might have several forms of damage present, but you should be ready to gather proof of those damages. For example, one common form of damage is lost wages. Victims should be prepared to present evidence of their salary to their lawyer along with a list of all time missed from work.
In most cases, a letter from your employer stating your rate of pay and how much time you missed is helpful to your case. Other proof of damages includes medical records, vehicle repair estimates, and a list of potential future medical treatments. For each form of damage suffered, proof is needed.
With all the above, your personal injury lawyer will have what they need to go after the compensation you are owed. A letter is sent to the other driver's insurer stating that you were not at fault, that you are physically injured, and that you have evidence proving everything. You and your lawyer will together decide on how much to demand of the other side.
Speak to an auto accident lawyer to find out more.