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FAQ: What Problems Exist In a Car Accident Case?

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You are a safe and conscientious driver. Unfortunately, the same thing cannot be said about others on the road. If you have been injured in a car accident that was the fault of the other driver, you have the right to file a law suit against them. Your first move should be to retain the services of a personal injury lawyer who specializes in car accidents.

Before you make any official claim you should have a legal strategy, or the beginnings of one, in place. The person you are suing will respond by trying to discredit your claim. It is therefore important for you to have solid facts and sound argument on your side.

A number of problems exist in any car accident case. Here are just a few of them:

1. Liability

The first thing you will need to establish is liability—that is, who is responsible for paying you the money you are claiming. This is the first thing your lawyer will work at determining.

Your lawyer will be eager to hear your story. They will invite you to recount the circumstances that led to the accident and all that happened afterward. They will also look at your insurance policy documents and file a motion to view the insurance policy of the person who hit you. Based on the facts and these documents your lawyer will advise you on who you should sue. You might have grounds to sue both the person who hit you and their insurance company.

2. Evidence

You must be able to prove that the other driver’s inattention or recklessness caused the accident. To do so, your lawyer will employ a professional investigator to examine the scene and the background of the driver; they will also re-interview eyewitnesses. Your lawyer will also bring in accident reconstruction experts who can use the damage done to both cars and the forensic evidence collected at the scene to develop a simulation that shows how the accident unfolded.

3. Your injury’s connection to the accident

You will also need to prove that your injuries and all of the pain and financial strain that resulted from them are due to the accident. That is why it is so important for you to have yourself examined by a physician immediately after the accident. Such documentation and the testimony of medical experts can prove that you sustained your injuries in the accident.

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At The Daspit Law Firm, Our Team of Attorneys Handles the Full Range of Personal Injury Cases, Including Car and Truck Accidents, Industrial Accidents, Construction Accidents, Maritime & Offshore Accidents, and Much More.


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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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