Car crashes are often accidents, but somebody is generally at fault for causing the collision. As a result, the party who is injured may sue the person responsible for causing their injuries. Whether you are trying to prove the other driver is responsible or defend yourself from accusations, it is important to understand what an at-fault accident is.
In addition to understanding what an at-fault accident is, you need to take steps to argue your position correctly and when it is best to consult with an attorney for help in handling the claim.
Proving Your Position in At-Fault Accident Lawsuits
The first thing you should do after being involved in a car crash is to seek medical treatment. After treatment you can obtain a copy of the crash report and assess any personal injuries and/or property damage.
Seek Medical Treatment
Immediately after the accident, an injured party should seek medical treatment for injuries the accident caused. Even if you cannot physically see injuries, it is wise to get a professional medical assessment. You might have invisible internal injuries. Medical records of injuries sustained in the accident and the bills for the treatment are important pieces of evidence necessary to recover damages you are entitled to.
Accident reports are filed when law enforcement responds to the accident. If the parties did not receive a copy of the accident report at the scene, they can contact the police department and request a copy. The accident report will give either party an idea of who may be responsible for the accident.
The accident report is the first and important piece of evidence, indicating how the accident occurred. The accident report contains details including, but not limited to, the speed and direction of travel, weather conditions, and each party’s statement regarding how the accident occurred.
Assess the Accident Damage
When assessing accident damage, the parties should examine any injuries, bills or property damage that are a result of the accident. The plaintiff should also evaluate how much they’ve spent on medical treatment and any anticipated future costs.
In addition to damages for injuries, the parties can recover for property damage. As such, shortly after the accident, the parties should have their vehicles evaluated and get a price quote for the repairs.
The Legal Side of Accident Lawsuits
When handling a lawsuit, the parties need to evaluate the facts of the case and work through different strategies to prove their case. Both the defendant and plaintiff should consult with an attorney to help achieve the best possible outcome.
While at-fault lawsuits seem straightforward, parties trying to handle the lawsuit themselves may quickly become overwhelmed. An attorney can help the parties develop the best argument for their position.
Damages for an At-Fault Accident
“Car accidents are not only scary to be in, but it can be stressful trying to pay for all damages yourself. Fortunately, once the at-fault party is established, the injured party may recover economic and non-economic damages,” says Joseph Kopfler from Kopfler and Hermann, Attorneys at Law. Non-economic damages are straightforward and will help compensate the plaintiff for their pain, and loss of quality of life. Quality of life is often determined by looking at the difference in their ability to enjoy the same things as before the accident.
Economic damages require attention to the details. The plaintiff may recover damages for their financial losses caused by the accident. These losses include, but are not limited to, medical expenses, future medical care, and any lost wages.
Handle The At-Fault Accident Process
Accidents are a surprise and disruption to the daily lives of those involved. By taking the above steps, you can prepare yourself for information needed for a lawsuit and not be caught off guard by the steps to follow.
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