Car Accident Lawyer
For some, there is a certain level of anger and resentment when involved in a car accident, especially when proven to be not at fault. Then, those emotions often lead to frustration over the extent of financial and even physical limitations that resulted from the collision. Therefore, when this combination of emotions meets actual loss, the injured party want justice or at least restitution, and who can blame them? However, seeking recoupment is not always the most realistic option. Not every collision is worth the time, costs and paperwork of a court proceeding. Therefore, before plowing full steam ahead into a courtroom, make sure you have the three necessary elements of a successful car accident case.
Sustained damages should be the only reason you file a claim. Did you experience a severe injury requiring medical treatment? Was your car totaled, or did you have to pay out of pocket to fix the damage? Did you miss work while recovering from your injuries, or have you needed to find alternative employment because you can no longer work in your chosen field? If you have experienced any tangible losses because of the collision, then you may have a case. Also, some states even allow you to file for the intangible, like pain and suffering. However, damages and losses are not enough to justify moving forward with a lawsuit.
2. Source of Recovery
The second element of a successful claim is to ensure that there is a source of recovery. Reason for filing is not enough, especially if the defendant is incapable of making good on any potential judgment. It is crucial that any valid claim can succeed, but if the defending party does not have insurance or money to make good on any damages, then a trial is a waste of valuable resources. Therefore, seek counsel and discuss whether there is a legitimate source of recovery before committing to litigation.
3. Liability Facts
Beyond damages and recovery, you need to make sure that the liability facts are in your favor. Does the accident report attribute liability and negligence to the defendant? Is there any question of doubt that the other driver did not use care, which resulted in your injury or losses? Depending on the state you are in an attorney may need to prove varying degrees of negligence, so make sure that the accident report is favorable to your side.
A car accident can lead to a myriad of emotions which may lead to hasty decisions. Find a personal injury attorney specializing in car accidents and discuss your potential claim before suing.