Do You Have A Case? Evaluating Your Personal Injury Case
If you are one of those people whose first instinct is to file a lawsuit, you might want to learn a thing or two about how to evaluate damages and compensation. When it comes to car accidents, you can either accept what the insurance carrier offers or take legal action. In many instances, accident victims are better off when they consult with an attorney before they make a decision either way. There are several areas that a personal injury attorney will review before they give you an opinion and it might be interesting to take a look and compare the below factors to your own situation. Read on to learn how to evaluate your case before you speak to an attorney.
Who is at Fault?
This is one of the most important factors to consider when evaluating a case. Some accidents show clear fault by one driver but sometimes both drivers end up sharing part of the fault. To gain compensation, you must be able to show the other driver caused the accident. If it turns out that you and the other driver share the blame, your compensation will be reduced considerably. In most cases, fault is determined using the accident report, eyewitness testimony, driver statements, and evidence at the scene. Accidents with no other vehicles involved and that provide grounds for a lawsuit are rare. For example, if a dead tree fell from someone's property and made you wreck, that might be one rare example of a suit without the presence of another vehicle.
Were You Hurt?
The existence and severity of your injuries can affect the value of a case considerably. When it comes to car accidents, the absence of injuries means that there is no case to pursue. Other types of personal injury cases, such as defamation, look to other forms of harm instead of physical injuries, like harm to a reputation or a career.
Do You Have Sufficient Evidence?
Not only do you need evidence if fault is in contention, but you also need evidence to prove your damages. Damages are the actual financial losses incurred because of the accident. Here are few examples of evidence used in car accident cases:
- The accident or police report from the scene.
- Eyewitness statements.
- Photographs of the vehicles, your injuries, the scene, and video footage of the accident.
- Medical bills and records
- Car repair estimates
- Punitive actions taken against the other driver, such as criminal charges and traffic citations.
While the above can give you a broad idea of what to expect, speaking to a personal injury or automobile accident attorney should be your next move.
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