Before filing for compensation for any accident-related injuries, understand the process. There are two things that you must prove. First, you must prove there was negligence, and second, the negligence caused injuries. Without proof of that, you cannot expect any payment in compensation for the damages. To win the case, you must prove the duty of care, how there was a breach, and how it caused the damages.
Duty of Care
When drivers are on the road, there are expectations to meet. The first thing is to show the norm. That is how, under normal circumstances, the driver should have avoided the accident. There are several driving rules like must stop at the red lights, and no over speeding, among others. It is by law that every person on the wheels must follow the laid down procedure.
Breach of Law
When there is a breach of what is the norm on the road, you should be having a strong case of negligence. If the driver ignored any of the rules of traffic, they would be liable for what happens. Whether they injure another driver or a pedestrian, they will be liable. Be sure of what the driver did and what the law states concerning such behavior.
Be Specific and Have Evidence
As the person injured, it is critical proving what the defendant did. Also state how they failed to exercise reasonable care, and how that caused the injury. Your greatest duty will be to prove the action of the defendant and how it affected you. A report from the police will be handy when it comes to proving your negligent case. You can also use anything else that will prove what you are saying. You can take photos of the scene of the accident to show what took place at the time. It should be clear that what the defendant did was the cause of the accident. That means without the action of the defendant, there would be no accident or injuries.
Show the Extent of the Damages
Another important thing that will prove your case is the injury. It is critical to prove that you sustained injuries as a result of the accident. The doctor’s report plays a very critical role at this point. Insurance companies will argue that you had the injuries even before the accident. If you can prove that you sustained the injuries as a result of the accident, you have a strong case.
The complex nature of courtrooms and the language used may intimidate you. When not familiar with courtrooms, a car accident attorney can pursue your compensation.
Author Bio: Emma Sturgis is a freelance writer based out of Boston, MA. She writes most often on health and education. When not writing, she enjoys reading and watching film noir. Say hi on Twitter @EmmaSturgis2
