When a car accident occurs, injured victims are often unaware of how to get help. It can be confusing trying to figure out who to sue for measurable damages. Many injured victims end up seeking legal help from the car accident attorney. Getting help from an attorney can make a big difference in how a person’s case ends.
Determining Fault Is Critical
Establishing who caused the accident is one of the first things an attorney will do once hired. Sometimes, it can be arduous to establish fault because there is more than one driver involved. Getting legal help is essential for determining who caused the accident and making them pay for any measurable damages that were suffered.
Unfortunately, injured victims can sometimes share fault in the accident. When an attorney is hired, they will immediately go to work on investigating the accident. They will recreate the scene of the accident to help determine fault. They will also interview eyewitnesses and look at camera footage if it is available.
After gathering all the available evidence, it is possible to determine fault. Once the fault has been determined, the attorney will attempt to prove negligence. This takes a straightforward approach and plenty of evidence.
How Is Negligence Established?
There are several factors that must be established in any car accident claim. Being able to prove negligence begins with establishing and proving the following in each car accident case.
- The first step is easy to establish because it involves duty of care. Every driver owes a duty of care to other drivers.
- The other driver must have breached the duty of care by acting negligently in some way.
- It must be established that the driver caused the accident. If they did not cause the accident, the injured party cannot sue for measurable damages.
- If it was found the driver was the cause and acted negligently, the injured party would be able to sue for measurable damages. The attorney would help their client determine the number of damages that could be pursued legally.
Schedule a Consultation Appointment
One of the first steps a person needs to take after a car accident is to schedule a consultation appointment. Many lawyers offer free consultation appointments to new clients. This appointment allows the injured party to learn information by discussing their case and asking questions.
Once the lawyer takes over the case, they will work to investigate, gather evidence, and pursue the driver’s insurance company. If the negotiations process is not beneficial, there is always the option of pursuing the case in court.
Working with an attorney allows the injured victim the legal representation they need. The attorney becomes an advocate for their injured client and works on behalf of the client to ensure a fair outcome is achieved.
It takes time to settle an injury claim, especially if it is contested by the driver or their insurance company. Working with an injury lawyer will help to lessen the time involved and may allow a person to be able to avoid going to court.