Not every single car wreck or motorcycle accident is suitable for a traffic accident claim. One of the key components is that the other driver was careless in some way. Hundreds of accidents occur in the state of Missouri each year.
One typical example of negligence is that the other motorist ran a stop sign and hit you. Another typical case is that they were inattentive drivers because they were using their cell phones and operating a vehicle.
Negligence is how you show that someone was genuinely at liability instead of it being an actual accident. But neglect isn’t the only factor required for you to have a case. You may want to consult an injury lawyer that handles car accidents if you are unsure.
Negligent Injury
Even if another driver was negligent, the outcome might not be deserving of a claim. For example, minor fender-benders are not worth litigating over.
However, if their neglect caused a bodily injury, you may have a claim. And a suit helps you seek funds to cover everything from mounting medical bills to missing time in which you could have been working.
A different way to look at this is the time of your pain. It’s possible to get a minor injury in an auto collision and quickly recover. But if you have been dealing with ongoing pain as part of a bodily injury, it may be worth going to court.
Real Harm
We’ve already discussed this, but the final component for a traffic accident claim is that damage that caused harm due to neglect also costs you money. In this case, the purpose of the action is to help you get compensatory losses.
It’s easy to document these possible losses. It would assist if you had things like medical bills that represent precisely how much you have paid due to this damage.
Keep in mind that compensatory costs are not restricted to these exact costs. You may be due more due to parts such as emotional injury.
These are the three significant factors that determine whether you have a potential case. Winning such a case depends on presenting the following kinds of evidence.
Medical Records
The most obvious proof that you should be getting is medical records. This helps you provide direct documentation of your pain and suffering as well as the expenses of your medical care.
It’s also necessary to create this documentation “paper trail” as quickly as possible. For example, it is going to the emergency room as shortly after the event, as is possible.
The physician can also conduct X-rays on your body after the event. And comparing your old X-rays and your new ones can help show if you have had any significant physical damage.
Keep in mind that how fast you went to the doctor and which documents you collected help reflect how severely you are taking the case. You don’t want to wait too long to report a car accident or go to the doctor because this may imply you were not in much pain!
Available Witnesses
When it comes to legal matters, you want to avoid the whole, “he said, she said” situation. And while proof is the best way to do so, the eyewitness statement is another way to do it.
One of the only “good” things about car collisions is that they seldom happen in privacy. So if there are observers that can articulate the other driver’s negligence, you and your lawyer should seek them out right away.
And while it should be clear, make sure you fully interview each possible witness. It is essential that their description matches yours and shows the negligence of the other party.
Mitigating Factors
We keep discussing the negligence of the other driver. While it can often be hard to prove such negligence, you may find some cooperation from the local police.
For example, if they charged the other driver with a DUI or DWI, this can help your case. It confirms both their overall liability and an impaired disposition that would render them negligent.
You may still proceed with your case even if they were not charged with anything. But such charges, if accessible, can help you win.
Your Records
As we noted, you can get some of the data and records you need from sites like your doctor’s office or the police station. Ultimately, you are responsible for obtaining and preserving all of the records that will serve as proof in this case.
At a minimum, you should have copies of the police report and medical records. It’s also good to have written narratives from potential witnesses and documents of any continuing losses (such as shifts you missed at work due to damages).
Every bit of evidence helps. Be thorough, and leave nothing out!
Photographic Evidence
Do you know how your parents constantly said a picture was worth a thousand words? Here’s a secret: they might as well have been describing a car collision claim!
The final goal is to persuade other people that another person seriously hurt you and deserve payment. And some photos can go a great way towards making such a claim.
As soon as possible, take photos of your car after the collision. And also, take pictures of your damages, so it is easy to see how severe they are.
A good picture or two may help you win the claim!