You have been in an accident. There are one-hundred things whirling through your mind. You may or may not be dealing with personal injuries. Your car might be un-drivable, and you may lose time from work due to the unfortunate incident. In the days and weeks after your accident, you will be bombarded with law firms wanting you to take legal action. These are random marketing flyers sent to anyone who files a police report of an accident. You may wonder if your claim has any cash value. Here are some things you need to know about filing a personal injury suit.
You Must Have Injuries
The first thing that an attorney will look at before filing a suit is the injuries. You must have some sort of injury. If you have only experienced a couple bumps and scrapes, then you likely don’t have a valid claim. The injuries must have impaired you and interrupted your life. There must be some expenses to request compensation. If you didn’t need to go to the doctor and didn’t take any time off from work, then you don’t have anything to charge them for. Injuries can span from soft tissue damage to wrongful death, but there must be some misfortune at the hand of another person.
Even if you do have injuries, you need to have them well-documented. It is important to seek medical attention right away. The defense can use time lapses to their advantage. They will say that if you were really hurt, then you would have got medical help immediately. Also, be sure to follow-up with the doctor’s advice. Not following doctor’s orders can also be used against you in court.
There Must Be Clear Neglect
The court will want to see that the other driver was negligent and caused your injuries. This part can be hard to prove. The police report, along with any witness statement, is usually helpful in proving this part of the case. The most commonly used methods to prove neglect is a breach of “duty of reasonable care.”
The state of Utah, and every other state in the union, requires that a person operating a motor vehicle be careful and cautious of the other drivers. When the “duty of reasonable care” is violated, it can cause major accidents. The driver could have been distracted by talking on the cell phone, texting, or eating. No matter what the reason for the incident, proving negligence is often the biggest battle. Any Utah car accident lawyer can explain to you how to show the other party’s negligence.
Getting The Facts About Your Case
Dealing with a car accident is never an easy task. However, not every accident is grounds for a lawsuit. In many cases, things happen because of time and chance. Having a consultation with an attorney can tell you if you have a claim and about how much that claim is worth. It is easy to be distracted by the hope of dollars and cents, but you must remember that the court needs a few things to prove the other party is guilty.