How to Know If You Have a Worthy Car Accident Lawsuit
What if you could finally put the worst day in your life behind you?
Those who have survived car accidents have already tried to deal with their pain and trauma. But sometimes, the only way to move on is to get justice for what happened.
A car accident lawsuit may be the best way to get what you deserve. But do you know if you have an accident worth suing over?
Keep reading to discover the answer!
Driver Negligence
Not every single car accident is suitable for a traffic accident lawsuit. One of the key ingredients is that the other driver was negligent in some way.
One common example of negligence is that the other driver ran a stop sign and hit you. Another common example is that they were a distracted driver because they were using their cell phone and operating a vehicle.
Basically, negligence is how you establish that someone was genuinely at fault instead of it being a true accident. But negligence isn’t the only factor required for you to have a case.
Negligent Injury
Even if the other driver was negligent, the result may not be worthy of a lawsuit. For example, minor fender-benders are not worth suing over.
However, if their negligence caused a personal injury, you may have a case. And a lawsuit helps you seek money to cover everything from mounting medical bills to lost time in which you could have been working (more on this later).
Another way to look at this is the length of your pain. It’s possible to get a minor injury in a car accident and swiftly recover. But if you have been dealing with ongoing pain as part of a personal injury, it may be worth going to court.
Real Harm
We’ve already touched on this, but the final ingredient for a traffic accident lawsuit is that an injury that caused harm due to negligence also cost you money. In this case, the purpose of the lawsuit is to help you get compensatory damages.
It’s easy to document these potential costs. You should have things like medical bills that represent exactly how much you have paid due to this injury.
Keep in mind that compensatory damages are not limited to these exact costs. You may be due more due to factors such as emotional trauma.
These are the three major factors that determine whether you have a potential case. Winning such a case depends on presenting the following kinds of evidence.
Medical Records
The most obvious evidence that you should be collecting is medical records. This helps you provide direct documentation of your pain and suffering as well as the costs of your medical care.
It’s also important to create this documentation “paper trail” as soon as possible. For example, going to the emergency room as soon after the accident as is possible.
The doctor can also perform X-rays on your body after the accident. And comparing your old X-rays and your new ones can help reveal if you have had any major internal damage.
Keep in mind that how quickly you went to the doctor and which records you collected help reflect how seriously you are taking the case. You don’t want to wait too long to go report a car accident or go to the doctor because this may imply you were not in much pain!
Available Witnesses
When it comes to legal cases, you want to avoid the whole “he said, she said” thing. And while evidence is the best way to do so, witness testimony is another way to do it.
One of the only “good” things about car accidents is that they rarely happen in isolation. So if there are witnesses that can speak to the other driver’s negligence, you and your lawyer should seek them out right away.
And while it should be obvious, make sure you thoroughly interview each potential witness. It is crucial that their account matches yours and reflects the negligence of the other party.
Mitigating Factors
We keep mentioning the negligence of the other driver. While it can often be difficult to prove such negligence, you may find some help from the local police.
For example, if they charged the other driver with a DUI or DWI, this can really help your case. It establishes both their general liability and an impaired state that would render them negligent.
You may still proceed with your case even if they were not charged with anything. But such charges, if available, can really help you win.
Your Own Records
As we noted, it’s possible for you to get some of the information and records you need from places like your doctor’s office or the police station. Ultimately, though, you are responsible for collecting and protecting all of the records that will serve as evidence in this case.
At the bare minimum, you should have copies of the police report and your medical records (both before and after the accident). It’s also good to have written statements from potential witnesses and records of any ongoing damages (such as shifts you missed at work due to injuries).
Every bit of evidence helps. Be thorough and leave nothing out!
Photographic Evidence
You know how your parents always said a picture was worth a thousand words? Here’s a secret: they might as well have been describing a car accident lawsuit!
The ultimate goal is to convince other people that another person seriously hurt you and you were owed compensation. And some photos can go a long way towards making such a case.
As soon as possible, take pictures of your car after the accident. And also take pictures of your own injuries so it is easy to see how severe they really are.
At the end of the day, a good picture or two may help you win the case!
Car Accident Lawsuit: The Bottom Line
Now you know whether you have a car accident lawsuit on your hands. But do you know how to avoid future accidents?
We bring you articles every week to help you lead a better, happier life. To see how we can keep you safe, check out our guide to avoiding car accidents!