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Car accidents are a common occurrence, and unfortunately, they can result in serious injuries, property damage, and financial losses. If you have been in an auto accident, you may wonder whether you have a case or lawsuit against the other driver or another party.
This article will explain the key factors to consider when determining whether you have a strong auto accident case and what steps you can take to pursue compensation.
By following these simple steps, you will be able to assess confidently if filing a claim would be beneficial in your particular situation.
Elements of Auto Accident Claims and Lawsuits
It can be difficult to understand whether or not you have a case for an auto accident lawsuit. But by understanding the elements of such a case, it may become easier to identify if there is cause for legal action.
Here are the two main elements of car accident cases:
- Identifying who is responsible and liable for causing the incident. The driver at fault must be determined before moving forward with filing a claim against them or their insurance company.
- Establishing how much damage was caused by the accident and what kind of compensation would be appropriate for covering any costs associated with those losses – physical injury or property damage included.
With these elements identified, it then becomes possible to determine if there is grounds for taking action through an auto accident lawsuit or simply settling out-of-court with the other party’s insurer.
Identifying Who is Responsible for the Accident
When attempting to prove fault after an automobile incident, certain factors must be considered.
- Consider which driver had the right-of-way at the time of impact.
- Contemplate any broken laws that were violated by either motorist during the crash.
- Determine if one or both drivers exhibited reckless behavior while behind the wheel; this could include speeding, distracted driving, operating under the influence of drugs/alcohol, or otherwise disregarding traffic regulations.
- Assess how each driver acted and their level of awareness following the wreck; these elements may suggest negligence on behalf of one individual involved in the collision.
Establishing where the fault lies for an auto accident can inform your next steps moving forward with potential legal action against those responsible–namely documenting the accident and injuries incurred from said incident.
Documenting the Accident and Injuries
When it comes to determining if you have a case or lawsuit after an auto accident, proper documentation is key. Take photographs of any damage done to your vehicle as well as the other party’s vehicle. This includes close-up shots of any dents or scratches on both cars, along with wider-angle images taken at different angles.
Also, be sure to capture any debris left behind from the crash scene. Make sure to keep copies of all doctor’s visit records and bills related to treatment received due to the accident. This information will help prove your injury claim should you decide to pursue legal action against another driver involved in the incident.
Collect additional evidence, such as police reports, witness accounts, and insurance claims forms which can help build your case for compensation down the road.
Calculating the Damages Incurred
As the dust settles after a car accident, it’s time to take stock of what happened and ensure your rights are protected. Calculating the damages incurred is an essential step in determining if you have a valid auto accident case or lawsuit.
It requires looking at all of the direct costs related to the incident, such as medical expenses, lost wages due to missed work, damage done to vehicles and property — even legal fees. But beyond that, there can be additional losses that must be accounted for before making a determination about filing suit against another party. These might include pain and suffering; emotional distress; loss of consortium (or companionship); diminished quality of life; long-term care needs due to physical injury; and other non-economic losses.
Calculating these intangible damages isn’t easy because they’re not always readily quantifiable without experienced legal assistance. That’s why consulting with an attorney familiar with this type of litigation is often necessary to ensure you receive full compensation for any harm caused by someone else’s negligent actions.
Consulting a Legal Professional
The most important part of determining whether you have a claim is consulting with a lawyer specializing in personal injury cases related to car accidents. This way, they can advise you on how strong your case may be and what type of settlement amount could be expected should you decide to pursue litigation. They will also provide guidance for any other steps needed before filing a suit, such as additional paperwork requirements, the statute of limitations laws, and more.
Working with someone experienced in personal injury law is essential if you want the best chance at success when coming up against an insurance company’s lawyers.
Find out if you have a case — contact our team at Injury.io to get started on your case today.
Justice McDaniel is an experienced copywriter and blogger. She has over three years of experience providing outstanding legal content that ranks.
