The Art Of Laying Out A Car Accident Case
Seeking compensation for injuries suffered during a car accident can end up taking a lot of effort and time. There are a number of things you have to demonstrate in the course of filing a claim or pursuing a lawsuit. Let's explore some of the things an auto accident attorney has to show to get money for a client.
An Injury Occurred
One of the most basic defenses an insurance company may decide to employ is claiming that an injury wasn't the product of an accident. This is why you can expect to undergo multiple examinations by doctors during the claims process. If you have a pre-existing injury, you need to disclose that fact up front, as it will likely come out during the discovery process anyhow. Bear in mind that a pre-existing injury might still be included in a claim if there's evidence that the accident made the condition worse.
Another common defensive tactic is to say that the driver accused of being at fault didn't do anything wrong in the events leading up to the accident. This is a more challenging position for an insurance carrier to take because there will be many ways for a car accident attorney to establish what happened.
In the best scenario, there's video from traffic cameras, dash cams, and other sources that show what occurred. Even in a situation with no video footage, there will be evidence like tire marks and impact points on the vehicles. There may also be eyewitnesses, and the police will produce reports detailing how they believe the incident unfolded.
When you settle a claim, that fact generally ends the matter in perpetuity. For that reason, you want to be sure that you maximize your award to take care of catastrophic injuries that may dog you for the rest of your life. It might sound like a lot to collect $250,000, for example, but stretching that out over decades to pay for specialized care isn't something anyone wants to do.
You want to establish the full extent of your injuries before you move ahead with a case. Most states have statutes of limitations that require claims to be submitted within two to three years of the dates of accidents. It may take months or even years of surgeries and medical exams to get some idea what the final total for legal damages will be.