Car accidents can leave devastation in their wake. People can suffer serious injuries that may be debilitating or even permanent. If you have been in an accident and were hurt, as a result, you may wonder if you have sufficient grounds to sue. Well, these are the main things to consider:
- Do you have a valid legal claim to sue?
- Evidence to prove your claim
The best way to make sure that you have a legal claim to sue is to consult with a lawyer. Then focus on gathering the evidence to support your claim.
Why Should You File a Lawsuit After a Car Accident?
You should always look into your options after a car accident if you are considering filing a claim. Generally, you have the right to receive compensation if you have suffered an injury and property damage — in this case, to your vehicle. It is your legal right to recover a settlement to cover the costs of your medical expenses, lost wages, lost earning capacity, repairs to your car, and even for pain and suffering.
In many cases, you may file a claim against the at-fault driver’s car insurance company. However, insurance companies often try to cheat injured victims out of a fair settlement and offer a lowball amount that is far lower than what the case is worth. In that situation, you should look into filing a lawsuit.
When Should You Contact an Attorney?
Before anything else, it’s imperative to get medical treatment after a car accident. This is important even if you feel fine and believe you haven’t been injured. Some injuries can lie dormant for several hours or even days before they begin to manifest and you feel symptoms.
You may have internal injuries that are unforeseen that can be detected by intensive medical treatment at a hospital. Serious injuries can affect the quality of your life and prevent you from working. In such a situation, you need to consult with an attorney as soon as possible.
Regardless, if you are hurt, you need to speak with an attorney about filing a claim. Even if you suspect you may have a legitimate personal injury claim, it’s wise to immediately consult with a personal injury attorney. Retaining a lawyer as soon as possible is the best way to go as your rights will be protected, and you will get valuable advice on how you can proceed with your case.
When you have your initial consultation, you can ask about personal injury case results the attorney has achieved in their career. This can give you a better idea about whether this is the one you should ultimately hire to represent you.
Evidence Needed to Prove Your Claim After a Car Accident
Of course, you need sufficient evidence to back up your claim after you’ve been injured in a car accident. You are required to prove that the other driver was at fault for the accident and your subsequent injuries. The following can be used as strong evidence in your case:
- Records of all medical treatment you’ve gotten directly related to the accident, including hospital visits, emergency services, appointments to doctors, physical therapists and comprehensive or diagnostic testing and your medical bills
- Photos from the scene of the accident that show the damage to the vehicles, other property, and even skid marks on the road
- A copy of the police report that documents the facts surrounding the car accident
- Statements from witnesses who saw the accident take place
- Documentation of time you have missed from work and records that show your normal income
- Testimony from a doctor or medical expert to back up the facts of your injury and how it was sustained
Seek Social Support
Being involved in a car accident can take a toll on your physical and mental health. The psychological trauma is often neglected. Not to mention that if you decide to sue, this might add even more stress. Therefore reach out to your friends and family and allow them to be by your side through this difficult period.
