According to stats, more than 1.35 million people are killed each year due to traffic accidents. Most of the car accident victims file for compensation with their insurance companies or that of the at-fault driver. Most of these cases tend to be settled out of court. The parties involved receive compensation based on the policy as well as the degree of damage/fault and extent of the injury. For the best compensation, it’s advisable to understand the key elements in the negligence of car accident claims. Here are 3 major elements you should understand before filing for claims.
Establishing Liability
Liability is one of the biggest components when it comes to filing personal injury claims. Among other things, your attorney should determine who was liable for the accident. When establishing the liability of any lawsuit, 4 basic parts come into play. They include:
Duty of Care – Establish whether the defendant has a duty of care to you (the plentiful). Normally, all drivers have the duty of care. This, it’s easy to prove the duty of care.
Breach of Duty – For your case to stand, your attorney must carefully litigate your case. Here, he/she will be required to prove that the defendant actually did breach his/her legal duty. This means that it must be proved that the defendant’s careless/reckless actions caused the accident.
Causation –Causation is a situation where the plentiful is required to prove that the defendant’s negligent actions caused the accident and injuries by extension.
Damages – You must prove that you suffered damages from the accident.
Prove Fault
You must prove that the defendant was at fault, which caused the accident. In instances where both parties suffered injuries, the jury will have a duty to assign a degree of fault. This means that the settlement amount will be shared based on the degree of fault for each party. To effectively and successfully prove fault, you need to hire a brilliant car accident lawyer to represent you in court. Pieces of evidence that can be used in court include:
- Accident reports and witness testimonies
- Weather reports and expert testimonies
- Stage, local ordinance knowledge
- Traffic video surveillance and accident photos
Demonstrating Damages
Also, you will need to demonstrate to the judge the extent of the damages incurred. As a crucial element in any car accident lawsuit, proving to extend of damage involves the following:
- Showing authentic medical bills
- Demonstrate that you lost wages
You should show that you have lost your capacity to work. Also, you should demonstrate that you have lost capacity to be promoted at work. Your attorney and medical experts should give a realistic estimate of future medical bills. Also, you should produce authentic medical bills, transport expenses, and counseling costs.
Other Things
You should also show the following additional things:
- Pain, suffering, and mental anguish
- Permanent disability
- The impacts in your social and family life
The Bottom-Line
One of the best strategies of getting the best settlement from a car accident claims is understanding the major elements of car accident claims. Among other things, you’ll understand how to maximize the claims. The above are 3 components in every car accident claim.
