How To Tell If You Have A Claim From A Car Accident
Whenever someone contacts a car accident injury lawyer, one of the first questions they'll likely want to address is whether they have a claim. An auto accident attorney can never say for sure that a client at this stage has a case. However, you can look at the following factors in assessing how strong the case might be.
Medical Evidence
Unsurprisingly, a car accident lawyer will want to see if there's medical evidence to support a claim. After a car accident, you want to seek medical care as soon as possible. Even if you don't believe that you've experienced any injuries, you should ask a doctor to examine you. Injuries often go undetected for weeks, and you should address them as soon as possible for both medical and legal reasons. Not seeking an exam after an accident could provide the insurer or the defendant with grounds to reject the claim.
Injury Severity
Once you have evidence of injuries, a car accident lawyer will want to determine how severe they are. This includes the current severity of the injuries and how far into the future the injuries might cause trouble. Remember that you only get one settlement or judgment if you win so you want to recover enough compensation to care for your condition for as long as it takes. If that means paying for a lifetime of in-home nursing care, for example, then you need to file a claim that supports that level of compensation.
Evidence Of Fault
Ultimately, the goal is to pursue a claim. Clients typically file their cases with defendants' insurance providers. A car accident lawyer will want to see evidence that the defendant's actions or negligence contributed primarily to the sequence of events.
Defense counsel in injury cases will often try to assign blame elsewhere. They might cite the weather conditions, for example. It is important to try to remember what the road and traffic conditions were at the time. An auto accident lawyer might also seek video from traffic cameras to show what the conditions were like.
You also will want to show how the defendant's conduct leading up to the accident contributed to your injuries. If you recall seeing them blow a stop sign or red light, for example, that's worth investigating further to support your case.
Demand Package
The final product of these efforts is a demand package. An auto accident attorney can collect the physical and medical evidence to demonstrate what happened and show why you deserve compensation.
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