(Aug. 8, 2021) — Accidents happen all the time, and they indeed cause personal injury. As sad as that may be, it is necessary to know what actions to consider when the devil comes knocking. More often than not, there is always a party to blame. If you happen to be at the wrong place at the wrong time, then you are well within your rights to file a claim with the help of car accident attorneys.
Filing for a Settlement
There are different types of car accident claims. These claims are often in pursuit of recoverable damages such as compensatory damages, punitive damages, and nominal damages.
Compensatory damages are usually financial: punitive damages typically are used to ensure the negligent party does not repeat the offense, whereas nominal damages typically are for the record.
Below is a list of guidelines indicating the steps that affected parties should take to file these claims.
1. Inform the Relevant Authorities
Road accidents are reported to the traffic police. Depending on the type of accident, i.e, hit and runs, head on collisions, rear-endings, drunk-driving, distracted driving and/or intersection accidents, it is essential to know the persons involved and their jurisdiction.
2. Seek Medical Attention
Accidents cause a lot of harm. Physical injuries require immediate medical assistance. Many times victims go through emotional distress and severe mental trauma, emphasizing that other forms of damage should also be made known to qualified personnel and promptly attended to by the competent authorities.
This step is frequently quite expensive, putting victims in distress because negligence caused severe injury. The paperwork from the medical records usually also serves as evidence that can stand in a court of law.
3. Hire a Personal Injury Lawyer
Filing car accident claims is a tedious procedure that requires the need of trained professionals. Hiring a car accident lawyer also helps speed up the process, as the plaintiff only has up to three years to lodge a claim, failure to which, the court will withdraw the case due to non-compliance. Lawyers also ease the defendants’ burdens by shouldering responsibilities, such as dealing with insurance providers who tend to only look out for their own self-interests as well as incompetent law enforcers.
4. Proceed to Court
Once your claim has attained approval, the case will move to court. It is a lengthy and tedious procedure. Since personal liability claims are not so straightforward, proof of negligence has to be produced as evidence.
Seeing as more often than not, these accidents happen where there is no media evidence such as videos or pictures nor eyewitness reports, physical injury, property damage, and eyewitness reports go a long way in establishing error. This is in itself worthy to file a claim against the perpetrators.
5. Receive Settlement
Given enough proof, the courts award settlements in consideration of the degree of loss, pain, and suffering. This consideration may be in the form of two-thirds of wages if the victim cannot resume work, and medical expenses, including rehabilitation services and therapy to aid in healing from trauma.
It Is Best to Know Your Rights and Litigate
We cannot emphasize enough the importance of litigation. Not only does it shed light on matters the ordinary citizen may not be aware of, but it also expedites the process of justice, which is beneficial in regaining some semblance of normalcy.
The everyday guy may not know the correct way to file for a claim, the right terminology, nor the technical know-how, but they are advised to seek litigation to ease their fears.