SHOULD I HIRE A LAWYER AFTER A CAR ACCIDENT?

GEORGELIS INJURY

FACTORS IN DETERMINING A PERSONAL INJURY CLAIM

Car accident victims who sustain injuries may be curious about the criteria used to decide whether they have a viable personal injury claim after a collision. There are fundamental principles and factors that help victims, as well as their attorneys, submit a claim, even if every accident case is unique depending on the specifics of the collision.

The following criteria are crucial in figuring out whether a personal injury claim can be made after an accident:

FAULT AND LIABILITY

The primary criterion in evaluating whether an automobile accident victim has a personal injury claim is who was at blame or accountable for the accident in the first place. You have a good chance of winning your vehicle accident claim if another driver or person was completely to blame for the collision. However, it's not always as simple as many believe to determine who is at fault in a car accident. Different degrees of responsibility and fault need to be taken into account, including:

PROXIMATE CAUSE:

It can be challenging to comprehend the idea of "proximate cause" in an automobile collision. A car accident that resulted in property damage and injuries had a proximate cause, which is essentially the actual act or failure to act, as the name implies. The motorist may not necessarily be to blame for the proximate cause. To make this concept clearer, let's look at two examples.

The driver of that car is the proximate cause and what's known as the "cause-in-fact" of your injuries if they resulted from a driver who swerved out of his lane without any apparent reason, struck your vehicle, and caused your injuries. The motorist would be responsible in this case for both property damage and personal injury damages. But what if the driver was swerving to miss someone recklessly riding a bicycle?

The bicycle may be the proximate cause and the driver is the "cause-in-fact" of your injuries if the car swerved to avoid the unpredictable cyclist and struck your car. In this situation, it would be the cyclist who would be responsible for paying any damages, not the driver, unless the driver's response to the rider was unreasonable.

COMPARATIVE NEGLIGENCE:

In some circumstances, you might share liability for a car accident, and your financial recovery will take that into account. The idea of comparative negligence is relevant in these situations.

Consider the scenario where you are judged to be partially at fault for an accident at an intersection. Because Pennsylvania is a modified comparative negligence state, you may be entitled to compensation based on the degree of blame that the other party bears for the accident, even if you are judged to be less than 50% at fault. Every party will be required to cover their share of the damages if more than two other parties are determined to be at blame.

GROSS NEGLIGENCE OR RECKLESSNESS:

Although they should not be used interchangeably, gross negligence and recklessness are states of mind that carry greater responsibility than comparative negligence and allude to the defendant's severe disregard for the safety of others. In essence, the accident was caused by someone who was aware of the risks associated with their actions yet still took them. Personal injury cases involving drunk driving and distracted driving frequently mention gross carelessness and recklessness.

EXTENT OF INJURIES

Timing of Medical Attention

The timing of when you seek medical care after being harmed in a car accident may have an impact on the outcome of your personal injury claim. If you put off getting medical attention, the insurance provider can reject your claim and assert that the accident that caused your injuries never happened. Keep in mind that insurance providers will make every effort to limit reimbursement following an automobile accident in an effort to lower their financial obligations.

INJURY LAW FIRM, P.C.

PERSONAL STATEMENTS & WITNESS STATEMENTS

After an accident, everything you say could affect your right to compensation for injuries. Always exercise caution when speaking with the other motorist, and especially when speaking with the insurance adjuster.

Saying "I'm sorry" to the other driver, for instance, could be interpreted as an admission of culpability for causing the collision. Always try to limit talk to a minimum and arrange a free consultation with a personal injury lawyer. They can advise you on how to handle the insurance company contact and decide whether you have a personal injury case.

Additionally, keep in mind that witness testimony may affect the validity of your claim. The testimony of a bystander or a driver of a different car who witnessed the accident may be crucial. It's crucial to obtain the contact information of any witnesses who may be able to shed light on the vehicle accident as soon as possible after an accident, provided doing so won't jeopardise your capacity to receive appropriate medical care.

Georgelis

THANK YOU

W W . G E O R G E L I S L A W . C O M