Car accidents like head-on or rear-end collisions, crashing into immovable or stationary objects, and other traffic mishaps always find persons involved to be on the losing end. The aftermath of a car accident goes beyond physical injuries, it may also cause long-term psychological effects. For this reason, you need a reputable injury lawyer to help you take legal action and seek compensation for the damages you have sustained.
The damages can be economic, such as medical expenses and lost wages, as well as non-economic like pain and suffering. Fortunately, the law provides avenues whereby you may recover the losses you suffered due to the accident. It may prove challenging, but it would be beneficial to find an experienced legal counsel to assist you. You may visit this website for more information about pursuing compensation, whether by litigation or settlement.
Some Basis For Damages In Car Accident Claims
It would be helpful to have a basic knowledge of how an injury lawyer calculates the amount of your car accident compensation. Here are some of the factors that may affect the computation:
- The Findings Of Negligence
Negligence may be defined as any action, intentional or unintentional, that leads to another person’s injury or property damage.
Any person who experiences a loss caused by the negligence or fault of another may be eligible to file a claim for damages. It’s to compensate for the loss they have suffered. A physical injury, damage to property, psychiatric illness, or financial loss are some examples of this type of loss.
Establishing who is at fault or was negligent in a vehicular accident is a tough job. Whether in a private car or a commercial vehicle accident, proving negligence is always challenging. But it’s one of the bases of whether or not damages may be awarded to you.
- The Element Of Recklessness
People are considered reckless when they know that doing an act brings possible dangers but proceed to do it anyway. It may be a blatant disregard for laws or traffic rules that caused the accident.
Aside from negligence, recklessness is another element that may affect the computation of damages. However, there should be sufficient evidence that the one who caused the accident deliberately ignored the laws.
Reckless conduct may include the following:
- Driving under the influence (DUI) of alcohol or drugs
- Driving while intoxicated (DWI)
- Engaging in drag racing on a public road
- Violating traffic ordinances
These are some of the most common examples of recklessness that could lead to a car accident.
- Reliable Photographic Evidence
For personal injury claims, it’s essential to take photographs of the accident scene, including property damage and bodily injuries. Also, pictures of the vehicles right after the collision or accident will help determine who is at fault.
Photographs give the jury a visual presentation of the accident scene and make it possible for your lawyer to more accurately evaluate how the mishap occurred.
Furthermore, reliable photographic evidence can help determine the damages to be awarded to the victim.
- The Test Of Strict Liability
The strict liability test is one of the ways your attorney can compute claims for damages in personal injury cases.
Under the doctrine of strict liability, a defendant is held accountable for the commission of an action. Regardless of the defendant’s motive or intent at the time the offense was committed, like in cases where an accident happened because of a new car’s factory defect. The manufacturer will be liable for damages even if they never intended to cause any harm to their customer.
Manufacturers are expected to deliver safe and road-worthy products to their customers. Hence, if these vehicles caused harm to their customers, it could be a basis for claims for damages.
- The Severity Of Injury
In general, the value of your claim will be more significant when the injuries sustained are more severe. It’s because more severe injuries cause a greater degree of pain and suffering, physically and emotionally.
In addition, severe injuries typically require more time to heal and recover from. It may result in lengthier absences from work and delays in returning to the normal daily activities that you enjoy.
Your injury lawyer will be able to arrive at a reasonable compensation by determining the severity of the injury you suffered due to the accident.
The Bottom Line
There are many factors that determine the damages you may be eligible to claim in a personal injury case. It’s your legal advocate’s task to help you navigate the legal complexities of personal injury law and establish the facts of your claim with concrete proof and evidence.
You can explore the links in this article to learn more about personal injury claims. Nevertheless, the details presented above can give you an idea of how your injury lawyer determines the damages for which you may seek compensation.