Being in a car accident often comes with a lot of questions. How will you pay for your injuries? What should you do about missing work? Do you have a case against the other party? Speaking with an attorney is perhaps the best way to determine if you have a car accident case. If you’re waiting to speak with your lawyer and want a head start on the case, there are some things you can take a look at. The following are three key points that typically make your case.
- Liability Facts
You will need to prove that the person who caused the accident is liable for it. This would require evidence such as photographs, a police report and witness statements that show he or she failed to use reasonable caution. That failure would have resulted in the accident that you suffered your injury in. If you don’t have obvious liability facts, it might be harder to prove your case, but it’s still possible with the right attorney.
- Damages
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Next, you’ll need to determine whether the damages are sufficient enough for your case to be worth fighting. For example, if your injury landed you in the emergency room with various surgeries in the weeks to follow, you’ll probably have high amounts of medical bills, lost wages, and pain and suffering. On the other hand, if your injury wasn’t bad at all and didn’t require any follow-up medical care, you may not have big medical costs, lost wages, or much pain and suffering. These are things you should weigh with an attorney.
- Source of Recovery
If you are suing another party, you’ll need a source from which to recover damages. This is typically the insurance company that holds the responsible party’s policy, but if he or she is uninsured or underinsured, that wouldn’t be the case. Someone who has a lot of assets would have a good source of recovery, but if the responsible party rents his or her home, doesn’t own a car and is unemployed, you probably won’t ever recover the money you are entitled to under your settlement.
Getting Started
As you can see, there are some things you should weigh before pursuing a car accident case. You’ll need solid liability facts, sufficient damages, and a source of recovery if you plan to receive money in a settlement against the responsible party from a car accident. For more information, or for help determining if a lawsuit will be profitable for you, contact a car accident lawyer, like a car accident lawyer in Salt Lake City, UT, today.
Thanks to Rasmussen & Miner for their insight into some of the key things that make a car accident case in court.
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