If you have been injured in a car accident because another driver acted irresponsibly, you’ll want to give yourself the best possible chance of recovering compensation. Building a strong case with a car accident lawyer is a matter of demonstrating your losses and collecting evidence of the other driver’s negligence. If you are seeking legal services for a personal injury claim in Navasota, TX or Rockville, TX, this article will help you understand how to leverage the legal system.
You are legally entitled to collect compensation from the liable party in the case of a car accident. However, in order to prove that you have the right to a payout, you must show:
- That the other driver caused the accident
- That the accident caused your injuries
In court, simply showing that the other driver injured you is not enough to win the case. You must list specific damages that the injury caused you to experience. The amount of money you are awarded will be based on the value of the losses that you can prove. In a personal injury case, some of the most common losses are:
- Medical bills
- Lost wages (including tips, benefits, bonuses, and other forms of income)
- Pain and suffering
- Emotional distress
- Disfigurement
- Permanent disability
- Reduced or lost income capacity
Determining Fault in the Accident
To show that the other driver was at fault, you and your lawyer can rest the case on a variety of sources, including evidence from the scene of the crash, the police report, and witness testimonies. Photos and videos, including surveillance footage, can show the extent of the damage. If any bystanders witnessed the crash, they may be willing to testify in your favor. Additionally, accident reconstruction specialists and other expert witnesses may be called in when needed.
Your lawyer will look for indications that the other driver broke the rules of the road or engaged in grossly negligent behavior. Failure to use a turn signal, speeding, running a stop sign, and other driving errors can be grounds for liability. Driving while intoxicated, acts of road rage, and using a car with the intent to cause harm may warrant additional damages.
Proving That You Were Injured
The most important thing you can do to generate evidence of your injury is to go to the ER immediately after the accident occurred. Besides giving the doctors a chance to record the incident in your medical history, visiting the hospital will give you the opportunity to receive care for hidden injuries that might be masked by your adrenaline. Even if you don’t feel injured, getting checked out is essential.
As you and your car accident lawyer continue to work on your case, he or she may need access to other records, such as physician’s notes from the last checkup you had before the crash or evidence of your injury generated in follow-up appointments. If needed, your lawyer will help you request your medical records from the facilities that treated you. In some cases, a doctor may be asked to testify on your behalf.
Demonstrating Which Losses You Sustained
Your lawyer will help you make a list of the losses you sustained as a result of the accident. Many people find that they are entitled to compensation for damages they would not have considered if they were coming up with the list on their own.
After you and your lawyer have established a clear understanding of the value of your claim based on the effects of the accident, you will provide evidence of the losses. Here are some of the categories that may need looking into:
Medical Bills
Establishing the amount of money you are entitled to receive for your medical expenses can be done by collecting your medical bills. If your doctors expect you to need care after your case resolves, your claim can include compensation for future medical expenses based on professional estimates regarding your condition.
Lost Wages
Showing your lost wages is a matter of calculating all the income you missed as a result of the accident. Your base compensation will factor heavily into the total sum, but other forms of income, such as vacation days and promotional opportunities, should be considered as well.
If you are a freelance worker or small business owner, you may need to enlist the help of an accountant or an economist. In any case, showing previous tax returns can help establish your normal rate of pay.
Noneconomic Damages
Pain, suffering, trauma, and emotional distress are all considered noneconomic damages, meaning that they do not translate easily into financial terms. If you sustained burn marks or scarring from your injuries, you might have grounds to claim compensation for disfigurement. Noneconomic damages are subjectively assessed according to the severity of your injuries and the resulting decrease in the quality of your life.
Keeping a journal during your recovery can help your lawyer build a case for your noneconomic damages. Statements from family members, neighbors, and people who know you well may also help convey the seriousness of your condition. Making the court aware of any painful treatments you underwent, activities you had to forgo, and responsibilities you had to reallocate can also further your case.
Hire a Strong Attorney for Your Case
The quality of your legal representation can make a big difference in the amount of compensation you recover. Even if the evidence in your case seems clear, your interests are best served by an attorney who can document the accident carefully, presenting logical arguments with clear communication skills.
Many car accident cases end in a settlement between the at-fault driver’s insurance company and the claimant. If you are seeking a settlement, you and the insurance company may need to go through a period of negotiation before you can finalize the matter. Having a polished, highly professional attorney can push the insurance company to increase the amount of money they are willing to include in your settlement.
Set Up a Free Consultation With a Car Accident Attorney Who Practices in Navasota, TX and Rockville, TX
The best way to build a strong argument around your accident, specifically, is by meeting with a lawyer who has handled many personal injury cases in the past. During the consultation, you will be able to share how and when the crash occurred, along with a summary of your known injuries.
If you have already started collecting pieces of evidence, such as the number of the police report and the other driver’s insurance information, you can share them with the lawyer. At the end of your meeting, you will get some professional insights on how to proceed with your claim. To set up a consultation with our firm, you can call (979) 701-2844.
We know which arguments are most likely to impress the insurance company and the court, and we will use our knowledge to further your interests, as a client. We take each case individually, investing the time needed to understand the facts so that we can build the claim from a solid foundation. To start building a case with a car accident lawyer who practices in Navasota, TX and Rockville, TX, contact Brian Gutierrez, Personal Injury Trial Lawyer.
