My Car Quest

July 4, 2020

How Do You Win Your Car Accident Lawsuit?

You know how important your car is to you. It doesn’t matter if you drive it many miles every day to and from work or if you use it occasionally to run errands. It’s your main form of transportation to the activities and places that matter most to you. That is why being in an accident and being unable to use your car is so disruptive. Add to that the very real possibility of an injury that is the result of this accident and the disruption becomes even more dramatic and longer-lasting.

Should I get legal help?

Getting an accident injury lawyer on your side can be a tough decision when you first think about it. Will it be too expensive? Will you actually file a claim? Is it worth it? The answer is definitely yes. After all, what could be more important than protecting your rights? What’s more, you should obtain legal representation as soon after your accident as possible. Many factors that may benefit you should you decide to file a claim, need to be gathered as soon as possible. These include certain pieces of evidence as well as eye witness accounts.

Talking to your lawyer during your initial consultation

Before engaging the services of a lawyer, an initial consultation allows you to get a feel for the person that might be representing you. What should you talk about during this initial meeting?

To start off with, you want your lawyer to show concern. It’s perfectly acceptable to spend some minutes discussing if you are ok. Talk about your injuries, the damage to your car and other property.

Another important topic to cover is whether you or the other party are at fault. It may be a gray zone without a clear party at fault, rather both being to a certain degree at fault for what happened.

Car accident

What must you prove to win your lawsuit?

There is one major point that must be proven for you to be successful with a lawsuit regarding a car accident. Basically, you have to be able to prove that there was negligence. To prove that negligence was present, four elements need to be established:

1. That the defendant owed the plaintiff a duty of care.

This point addresses the fact that all drivers owe a reasonable duty of care to others when all are sharing the road. The duty implies that the person behind the wheel will exercise caution when driving to prevent accidents.

2. That this duty was breached and an injury was caused.

Your attorney must help you prove that the harm you suffered must have been a reasonable and foreseeable outcome of the breach of duty of care.

3. The breach of duty is precisely what caused your injuries.

Here is where your attorney must prove that the breach of duty “proximately caused” the harm that you suffered.

4. You must be able to prove that you suffered injuries. And that these injuries happened directly as a result of this accident.

There’s no need for you to add extra worry to what you already have just by looking at your damaged car and at your injuries and medical bills. Get in touch with an experienced lawyer today.

Let us know what you think in the Comments.

 

 

Summary
How Do You Win Your Car Accident Lawsuit?
Article Name
How Do You Win Your Car Accident Lawsuit?
Description
Getting an accident injury lawyer on your side can be a tough decision when you first think about it. Will it be too expensive? Is it worth it?

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