If you have been involved in an auto accident, you will first need to decide if you have a valid injury that is related to the accident that is worthwhile to sue. An injured driver has two years from the date of the accident to file a lawsuit. That is why it is imperative to seek immediate medical attention.
If you live in a fault state, which means you believe the other party is at fault,you may have recourse against the other driver if you were injured in the accident. How do you determine if the other driver was at fault and how do you go about getting compensated for your injuries.
First, it is helpful if you have a copy of your police report as this will show if the other driver was cited for a violation of the traffic laws. This will help prove liability by the other driver. Along with proving liability, you must be able to prove you were injured and you have suffered damages as a result of the “negligence” of the other driver.
To prove negligence, you have to show that the other driver breached his duty to use reasonable care while driving his vehicle. Exercising reasonable care in driving a vehicle involves driving at the posted rate of speed, making safe lane changes, obeying traffic signals, keeping constant control of the vehicle and staying on the lookout for hazardous conditions.
If you have been able to prove the other driver is at fault, the next step is to prove your damages. If you were not injured, then you would not have any damages so it would be pointless to make a claim or bring a lawsuit. If you were injured, you need to seek immediate medical attention. The longer you wait, the more the insurance company could argue the injury was not related to the accident. Finally, once you finish your treatment and you are at pre-accident status, then you can make a demand. At that time, the insurance company can reject, accept or make a counteroffer. Most cases settle before trial as offers go back and forth during the entire process.
This article is not legal advice and is not intended as legal advice. This article is intended to provide only general, non-specific legal information. This article is not intended to cover all the issues related to the topic discussed. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. You should consult with an attorney familiar with the issues and the laws of your jurisdiction. This article does not create any attorney-client relationship.