If you or a loved one was seriously injured in a car accident, you may be considering your options. With costly medical bills, lost wages and other financial challenges that stem from an accident, you may be thinking about filing a personal injury lawsuit in order to seek compensation for the damages you incurred. If you are not familiar with the process, however, you may be unsure of whether it’s right for you.
A personal injury lawsuit can help car accident victims receive the compensation they need to recover and move on from a serious crash. Understanding what it takes to be successful can help you decide it it’s the right approach for you.
What must be proven?
To be successful in a personal injury claim, three things must be proven:
1. There was negligence. This could mean that the other driver acted negligently in some way, such as by running a red light. This could also mean that the driver failed to act in some way that falls below the accepted standard of care drivers owe to each other.
2. The negligence led to harm. Using our example above, this would mean that the accident was caused because the driver ran a red light or because the driver failed to act in a reasonable way.
3. The resulting injuries are compensable. In other words, your injuries must have cost you something, whether that means out-of-pocket medical bills, lost wages from being unable to work, or compensable pain and suffering. If you weren’t injured, you won’t have a strong claim.
Who is responsible for proving it?
In a personal injury claim, the person who filed the claim is responsible for proving it is true. While not all cases go to trial, if yours does, you and your attorney will have to prove that it is more likely than not that the defendant caused your injuries and you deserve compensation. This burden of proof is known as a preponderance of evidence.
What should you do if you think you have a case?
The best thing to do if you think you have a strong personal injury case is to speak with an attorney. An experienced personal injury lawyer can guide you through the complex process of filing a claim, allowing you to focus on your recovery. Your attorney will work directly with your insurance company on your behalf and help you present a compelling case for compensation.