Car Accident Lawyer
Before you file a lawsuit related to a car accident, you understandably want to know, first, if you have a case, and second, how much you stand to recover. Unfortunately, it can be difficult for an attorney to answer these questions without all of the necessary information. A lawsuit is sort of like a puzzle, and the pieces need to be in place before the picture becomes clear. Through a process of investigation and research, your attorney will uncover sufficient pieces of the puzzle to give a more complete picture. At that point, he or she can give you at least a ballpark figure of what your case may be worth.
During the process of research and investigation, your attorney will be looking for three main pieces of the puzzle, which are the primary elements that make a lawsuit related to a car accident worth your while.
1. Liability
Every driver owes a baseline duty of care to other drivers, cyclists, and pedestrians. If you and your attorney can show that the other driver involved in your car accident failed in his or her duty to you, you may have a valid case. This is true whether or not the other driver intended to cause any harm. Usually car accidents are the result of negligence, rather than malicious intent, but it is still possible to hold the negligent driver liable.
Keep in mind that as the plaintiff in a lawsuit, the burden of proof is on you to prove that the other driver failed in his or her duty to you. You and your attorney will need to gather evidence to present to the court in your case demonstrating the other driver’s negligence.
2. Damages
“Damages” refers to the harm that comes to you as a result of someone else’s actions. Damages can include physical injuries that you sustain in a car accident, as well as harm to your property, including your car. Lost wages, medical expenses, pain and suffering, and other factors are also considered when calculating one’s damages they are owed.
Though it may seem obvious, it is worth pointing out that you will have to demonstrate to the court that the damages that you suffered resulted from the other driver’s actions.
3. Source of Recovery
Most states require drivers to carry auto insurance that will reimburse them in the event of an accident. If the other driver does not have insurance, it may be difficult — if not impossible — to recover damages for your accident. If there is not a sufficient source of recovery, then it may not be worthwhile to pursue a lawsuit.
It is not required that you hire legal representation for your car accident case, but it may be in your best interest. You can contact a car accident lawyer, like a car accident lawyer in Milwaukee, WI, to speak with a knowledgeable attorney about your case.
Thanks to Hickey & Turim Attorneys at Law for their insight into some of the elements of a car accident lawsuit.
