Having an accident which impacts on your life is stressful. When you are trying to cover medical costs and need to take time off work to recover, it is important that you know what your financial options are. Personal injury attorneys help people who have been through an accident and now seek recourse from the other person who caused it. Before you meet with a personal injury attorney, there are details you need to gather so the attorney can help you with your case. These posts are all about what accident and personal injury attorneys do, what they need from you, and the different situations where using one is beneficial to your lifestyle.
If you are certain that someone else owes you money because of an injury, filing a lawsuit is the legal means of being paid money damages. Some people wonder if they have a good case and whether or not it's worth pursuing. To help you see your situation the way civil law does, it might be helpful to seek out the answers to the questions below.
Are You Physically Injured?
To have a case, you have to demonstrate that you have been injured in some manner. For car accident cases, you must show that you were hurt because of the car accident. If you sought medical treatment for your injuries, the records of treatment on the same day (or very soon after) are proof of your injuries and are connected to the wreck. The longer you wait to seek treatment, the weaker the connection between the two.
Did Their Actions Cause Your Injuries?
With car accident cases, there are always two (at least) sides. As the victim, you are the plaintiff. The other driver, who you allege was at-fault for the accident, is the defendant because they must defend against your demands for compensation. The defendant category expands to encompass the driver's insurance company. To prevail in court, you must show that your proven injuries were the result of the careless or negligent actions of the other driver.
Who Has the Money to Pay You?
Once the first two elements (above) of the case are established, it's time to move on to the question of compensation. A moral victory in court is not enough — you deserve to be paid money damages for your losses. That money commonly comes from the defendant's insurance policy. The limits of the policy may dictate your compensation. If the driver is also wealthy and you win your case in court, the funds to pay your damages can come from the driver's personal assets.
Can You Prove Your Damage?
The final question helps you arrive at the dollar amount you may be owed by adding up all the ways you have been negatively affected by the accident. You must, however, prove that you were damaged. Lost wages can be proven using pay information while your vehicle damages can be proven with a repair estimate.
To learn more about what it takes to formulate and win a personal injury accident case against a careless driver, speak to your personal injury lawyer.
Share26 February 2021
