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Car accident victims almost always share the same question in mind: “How can I sue the driver who injured me?”
Under the tort law, any person who gets injured in a car accident as a result of the negligent action/s of another individual has the right to file a personal injury case. Filing a car accident lawsuit is easy to do, but what is not convenient to accomplish is to win that case. Incidentally, car accident victims who are planning to file a personal injury lawsuit should adhere to certain protocols to make sure that they have good chances in winning the case.
The following are some factors that car accident claimants must take into consideration:
Liability – Before a car accident victim files a case, he or she must establish that the driver he or she will be suing is the one who is at fault in the accident. The victim must convincingly prove that the driver failed to uphold his or her duty of care, which resulted in the accident.
Evidence – It is vital for car accident victims to secure and keep all necessary pieces of evidence that can help them establish their case. Consequently, the victims are advised to secure the following pieces of evidence:
• Hospital and medication receipts
• Medical records
• Car repair receipts
• Copy of police report
• Photographs of the accident scene and injuries
• Written testimonies of witnesses
Timeliness – In the State of California, car accident victims must be able to file their case not more than two years after the accident has occurred or after the discovery of injuries. Victims who file their lawsuit after the prescribed statute of limitations are unlikely to win their case.
Personal injury lawyer – It is imperative for all car accident victims to hire a personal injury lawyer. In California, victims are advised to get the legal expertise of a Los Angeles car accident attorney who can assist and represent them in their case.
Before auto accident victims can file their case, it is necessary for them to consider the said factors to ensure that they will win their case and get their deserved amount of injury compensations.
Under the tort law, any person who gets injured in a car accident as a result of the negligent action/s of another individual has the right to file a personal injury case. Filing a car accident lawsuit is easy to do, but what is not convenient to accomplish is to win that case. Incidentally, car accident victims who are planning to file a personal injury lawsuit should adhere to certain protocols to make sure that they have good chances in winning the case.
The following are some factors that car accident claimants must take into consideration:
Liability – Before a car accident victim files a case, he or she must establish that the driver he or she will be suing is the one who is at fault in the accident. The victim must convincingly prove that the driver failed to uphold his or her duty of care, which resulted in the accident.
Evidence – It is vital for car accident victims to secure and keep all necessary pieces of evidence that can help them establish their case. Consequently, the victims are advised to secure the following pieces of evidence:
• Hospital and medication receipts
• Medical records
• Car repair receipts
• Copy of police report
• Photographs of the accident scene and injuries
• Written testimonies of witnesses
Timeliness – In the State of California, car accident victims must be able to file their case not more than two years after the accident has occurred or after the discovery of injuries. Victims who file their lawsuit after the prescribed statute of limitations are unlikely to win their case.
Personal injury lawyer – It is imperative for all car accident victims to hire a personal injury lawyer. In California, victims are advised to get the legal expertise of a Los Angeles car accident attorney who can assist and represent them in their case.
Before auto accident victims can file their case, it is necessary for them to consider the said factors to ensure that they will win their case and get their deserved amount of injury compensations.
1 comment
I agree with you with the fourth step. In fact, I think that even before an individual files for a personal injury case, he should already get the services of a personal injury lawyer. This professional can help the victim with gathering evidence (medical records, witness testimonies, police reports, etc.) that will help substantiate the personal injury claim. Additionally, a personal injury lawyer can give legal advice on when the victim must file for the case, if he should agree to a settlement, or if a better compensation can be achieved.
July 17, 2012 at 1:39 PMNannie Leick
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