If you were injured in a car accident that took place in Pearland, you are probably wondering what to do next. Generally, auto wrecks occur due to the negligence of one or more parties. This means that the injured party can sue the responsible person or persons for the damages caused by the collision. The first step in the process is filing a car accident claim. Obtaining full justice for your injuries and financial losses may be an uphill task.
To fully recover damages for the harm caused, you must prove that more likely than not, the other driver’s negligence caused your injuries. In other words, you would not have the injuries you have today had the party at fault (defendant) not been negligent in his or her actions. Remember, the defendant will usually not admit fault, and it will be up to you and your attorney to show how he or she caused or contributed to the accident.
While you can undertake this legal course on your own, it’s always a good idea to retain the legal services of a seasoned car accident attorney. This will not only help you overcome some complex legal hurdles, but it will also strengthen your case by presenting your case with a professional look and approach. Before filing your claim, always remember that proving liability in a Pearland car accident case is a requirement for recovering damages for medical bills, lost wages, and loss of quality of life, among many other types of damages.
In an auto wreck case, you must prove the following to obtain monetary compensation for your damages.
As much as this seems to be straightforward, you must show the jury that the defendant owed you a duty of care. So when the accident occurs, you must collect all available pieces of evidence, from police reports to photos, and bring them to your attorney.
All drivers are expected to maintain high levels of caution when driving on the Pearland roads and highways. They must maintain safe lane changes, follow the designated speed limits, maintain a safe distance ahead, and meet all driving requirements while on the road. Therefore, the basis of your negligence-based claim is to prove that they owed you a duty of care at the time of the crash.
You would not have suffered harm if the defendant never breached their duty of care towards you. Once you establish that he or she owed you a duty of care, you must then prove that the duty was breached. There are many ways to prove this. For example, if the driver who hit you was speeding, or under the influence of alcohol, you may use the evidence you have to show exactly how the Defendant breaches his/her duty.
Proving that the duty of care was breached in a car accident case may require the input of expert witnesses. It may be difficult to find the right experts, more so when you are primarily focused on regaining your health. This is one way that an experienced vehicle collision lawyer can help. Establishing that the duty of care towards you was breached is the backbone of any personal injury case.
Normally, victims of car accidents seek compensation because they have suffered harm. It could be physical injuries or property damage. Either way, they deserve compensation for what was lost. To assess the validity of your claims, the court or the insurance company needs proof that you suffered losses because of the auto accident.
Your proof will be largely in the form of medical reports and bills. Every visit to the hospital or another medical provider is well documented in the medical records, and these records will be helpful to understand your injuries. Similarly, any repairs to your damaged property must also be recorded and presented to the Defendant for reimbursement.
There are instances where the plaintiff is also partly responsible for the accident that led to their injuries. In such cases, you may still recover damages. However, the final settlement will be lower based on your degree of fault. For example, if your degree of fault was 10%, the value of your losses will be reduced by this percentage. A skilled attorney could work with you to prove the other driver bears a most of the liability for the car accident.
For you to win your car accident case, you will need to prove exactly how the defendant was negligent. This may be difficult for you to do while you are still recovering. Your focus should be on healing and getting back on your feet.
Our seasoned attorneys will handle your case with utmost dedication for a maximum settlement. At Lone Star Injury Attorneys, we are experienced in proving liability is Pearland car accident cases. You can easily reach our attorneys online or by phone to set up your free consultation.