In order to win damages from a personal injury lawsuit, you must prove that you have suffered financial losses or non-economic losses such as pain and suffering. You must also prove that these injuries were caused by the accident that was caused by the negligent party.
Always Seek Medical Attention
Car accident injuries can range from minor scrapes and bruises to life-threatening, such as traumatic brain injuries or internal bleeding. Fasig | Brooks, a personal injury attorney based in Jacksonville, FL, says that even if you don’t think that you were seriously injured, you should get a full evaluation by a medical professional because some injury symptoms aren’t easily noticeable until days, weeks, or even months later.
A small headache, for example, could be caused by something much worse. Whiplash is a neck injury that can lead to chronic pain if not treated right away. Whiplash is caused by the strain on the neck and shoulder muscles when the head is flung back and forth or side to side during the accident. Internal bleeding is a life-threatening situation where the capillaries deep under the skin have burst due to the force of impact. Most of the time, stomach bleeding is caused by the force of the victim being pushed into the seatbelt. At first, the victim may not feel any pain or feel any differently due to a rush of adrenaline. However, a few hours later, they could be in excruciating pain and a life-threatening situation as blood pools in their internal organs.
Property Damages
Even if you were not injured, you could still file a suit for the property damage that you suffered as a result of the accident. Even if you were lucky enough to avoid getting hurt in an accident, the cost of repairing your damaged vehicle or replacing any valuables in your car could be great. Your car’s damages may be beyond repair, and you might be forced to purchase a new vehicle. Or you may have questions about what to do when you still owe on your vehicle, and now it needs to be replaced. Then you would need a personal injury attorney who could help you recover property damages.
Establishing Liability
In order to win damages from the other driver’s insurance company, your attorney will need to establish some key pieces of evidence to prove that:
- The other driver owed you a duty of care
- Through the other driver’s carelessness, recklessness, or failure to act, they breached that duty of care.
- The breach caused the accident, which caused your injuries
- Those injuries caused you to suffer losses, such as medical expenses and lost wages, as well as physical pain and emotional distress
How long do I have to file my claim?
The answer to this question will depend on where the accident occurred in the statute of limitations in that state. In the state of Florida, for example, the statute of limitations for a personal injury claim is four years from the date of the accident. Just because that is the legal limit, that doesn’t mean that you should necessarily wait that long to speak to a personal injury attorney. The sooner you talk to an attorney about what is needed to recover your losses related to your accident, the better for you.
How can an attorney help me?
There are many ways an attorney can help you after a car accident, even if you weren’t injured and only suffered property damages. They can advise you of your rights under the law and what benefits you are eligible to receive. An experienced personal injury attorney can tell you how much your case is worth and what steps you should take in order to recover damages. They take the stress out of filing a claim because they have years of experience negotiating with insurance companies and protecting the rights of injured victims, just like you.
A personal injury attorney in Florida has experience proving what is legally necessary in order to get the maximum compensation for their clients. If you were not injured in your accident but want to recover compensation for your property damages, then they can calculate a settlement that adequately compensates you. If you were injured, and you have the medical bills to prove your losses, then they will use their expertise and background in helping people just like you to fight for you to get what you deserve.
