According to the law, a car accident is defined as an event where a motorist hits another object or a pedestrian. It can also be defined as an event where two or more motor vehicles collide. While the definition of a car accident may seem insignificant, it plays a massive role in who gets to claim compensation through a car accident lawyer.
So, who gets to claim after a car accident? The answer is quite simple, anyone injured during the accident can claim irrespective of whether or not the accident was their fault. This list includes:
- Drivers of the vehicles involved in the crash
- Passengers
- Pedestrians
- Cyclists
While everyone injured from the accident can claim, it’s important to note that the entity responsible for the claim will vary. For instance, injured drivers can claim reimbursement for their damages and losses through their no-fault insurance policy. However, your accident lawyer must prove that you were indeed injured by the accident for you to receive that claim. They have to find more information and assist you in the following ways:
Making Your Case
Any car accident, whether major or minor, comes with a host of different questions. Some of these questions are: who pays for my car’s damage? Who is at fault? Who pays for the medical bill? And, when a claim is at stake, it’s vital to ensure that all these questions are answered correctly. An experienced car accident attorney will help make your case.
Their skills, expertise, and experience make them valuable assets in negotiating your terms in insurance settlements and claims. Your lawyer understands the procedural rules and relevant laws that can affect your case. With their legal advice and help, you can make strides to get your claim per the law.
Gathering Evidence to Support Your Claims
There’s plenty of work that goes into negotiating a claim. And for individuals recouping from several injuries doing the work yourself may be out of the picture. This is where your lawyer steps in to help. One of the essential tasks your lawyer has to do is gather evidence to support your claim. The evidence they acquire plays a crucial role in the outcome of your claim.
Your lawyer will have to gather evidence to indicate the following:
- Your version of the events leading up to the car accident
- Claim of lost wages
- You can claim of physical injury
Evidence comes in different forms, and it may include documents like photographs, witness testimony/statements, and medical bills and records. They can also obtain the police report, which they can use in the earlier stages of your claim.
Helping You Legally During Trial
Not all accident cases are settled outside court. Sometimes both parties failed to agree during the negotiation stage, and the only option for you to receive fair compensation is to go to trial. Both parties have to present sufficient evidence to the court for them to hear your claim during a trial. The judge or jury will then enter a final judgment after considering the evidence tabled.
Your lawyer will not only represent you but also offer legal advice on how to proceed. They will also interpret the legal proceeding for you, which is essential, as you have the right to know everything about your case.
Helping At-Fault Drivers
When you are at fault and are seriously injured, your car accident lawyer can also help you apply for compensation from your insurance company. However, this can only be done through the no-fault benefits. The injured occupants can also apply for a damage claim through a no-fault insurance benefit.
Help Pedestrians
Most of the time, pedestrian accidents often occur when a driver doesn’t see a person riding or walking along the side of the road. And, when a cyclist or a pedestrian collides with a car, the injuries can also be severe or fatal. If the driver is at fault, the pedestrian can make a claim. The financial compensation they will receive will be based on damages like but not limited to:
- Medical bills
- Loss of income
- Out-of-pocket expenses
- Therapy and counseling
A car accident can help you as the pedestrian to make a claim through tort law, especially if you were severely injured. It’s important to remember that accidents affect not only those injured but also their loved ones. And, by filing a claim with the help of a car accident lawyer, you can acquire fair financial compensation to get back on your feet.
