How to Succeed in a Car Accident Claim

If you are a car accident victim, you may be stressed because of your injuries and substantial losses. One of the ways to attain consolation for your situation is to seek compensation from the at-fault driver. 

Some of the reasons many car accident claims fail is because of insufficient evidence and missing crucial deadlines. Here are some tips that will help you succeed in your car accident claim.

1. Prove the At-Fault Driver's Negligence of Care 

Duty of care is one of the first elements of negligence you must prove in a car accident claim. Every driver has a basic duty of care toward other drivers. Therefore, a driver shouldn't operate their vehicle in a manner that is likely to injure other drivers.

A driver may breach their duty of care by speeding, texting on the phone while driving, or running a red light. If a driver gets a ticket for a traffic violation, this evidence can prove that they breached their duty of care.

When deciding whether the accused party breached their duty of care, the court will consider what a reasonable driver would do in the same situation. If the court determines that the average driver would have acted differently to prevent the accident, it will rule that the other driver is liable for your injuries or losses.

2. Prove the At-Fault Driver Is at Least Partially Liable for the Accident

In most states, you can still recover compensation if you are partially liable for an accident. This rule is known as comparative negligence. The court will compare your carelessness and the other party's negligence.

Your percentage of liability will determine how much you will receive for the resulting damages. In some states, the courts use a restrictive rule where you cannot receive anything if the percentage of your carelessness is above 50%. This is the case in the state of Oregon.

3. Prove You Deserve Compensation for the Injuries or Losses

One way to prove that you deserve compensation for your injuries or losses is through medical evidence and receipts from a mechanic. These prove that you incurred expenses because of the accident. You should watch out for pre-existing conditions since they can be a premise upon which the at-fault party tries to nullify your claim. 

The court only recognizes a pre-existing condition if it worsens because of an accident. For example, if you experienced complications with back pain after an accident, you can prove this through a doctor's expert opinion and medical records showing additional treatment and therapy.

4. File Your Claim Without Delay

There is a time limit on filing car accident claims. The statute of limitations for a car accident claim will vary depending on your jurisdiction. If you fail to initiate legal proceedings in time, the court could throw away your case. 

Consult your insurance company as soon as possible so they can send an insurance adjuster to check out the damages. You also need to record any personal injuries because of the accident.

5. Don't Accept the First Settlement

Many people fall into the trap of agreeing to the first settlement that an insurance provider offers. The problem is that you may get less than you deserve if you give in to the insurance adjuster's pressure.

You should leave the negotiation with the insurance adjuster to your attorney. After weighing the value of your claim, they will determine the appropriate amount for lost income, medical expenses, and non-economic damages.

Succeeding in a car accident claim requires a combination of expert legal representation and strong evidence. With many years in personal injury law, Walsh & Associates, PC, has helped thousands of clients with accident and injury claims. Contact us today to review your case and suggest the best legal options.