Understanding Personal Injury Law

Conditions Under Which You Can Sue For An Auto Accident Personal Injury

10 November 2022

Celina Nichols

Injury is a typical result of car accidents. So, when you are sure that your injuries result from someone else's negligence, you can sue them and get compensation for your damages. However, you have to fulfill certain conditions to win the lawsuit. More importantly, you must prove that the other motorist caused the accident due to a lack of care for other road users. Given this, you must hire a competent lawyer to help you meet the three conditions that deserve compensation. Here's what you must prove to get compensated. 

The Driver Had a Duty of Care

The first condition you should prove is that the driver was obliged to care about everyone else using the road. In most cases, the duty of care often translates to obeying the traffic rules, staying under the speed limit, and avoiding distractions when driving. As such, you should prove that the other driver created unreasonable risk, which led to your injuries. In addition, you are likely to receive compensation if you show that the other driver could have operated their vehicle without the risks they created. You should know that the court expects every motorist and road user to avoid a reasonable hazard. Therefore, you will be more likely to share fault if you do not take steps to avoid risk. As such, you must hire a lawyer to help with the proof because this step can be challenging.

Proving the Other Driver Is at Fault

The second part of the process is proving that the accident is the sole responsibility of the other driver. In this case, your lawyer will advise you to sue to collect recoverable damages if you prove that they caused the injuries. On the other hand, they will advise you on other causes of action if they assess your evidence and all other factors attached to the case and determine that you might have played a role in it. In addition, proving a claim becomes tougher when there is another intervening cause of your injury. Hence, your vehicle accident lawyer will help you figure out where you stand and determine the best steps. 

Dealing with No-fault Insurance

No-fault insurance will cover specific bills for you, regardless of whether you caused the accident. This is the case as they focus on the economic damages resulting from the accident. Given this, your lawyer will help you understand your policy limit and what the policy might not cover.

A smart way to handle personal injury claims is by getting a lawyer to handle the claim for you. They know how to gather evidence and present it in a way that can help you win.

For help with your case, contact a vehicle accident law firm in your area such as Farrar Hennesy & Tanner LLC.

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