A car accident can be life-changing and can make it hard to do just about anything. If you have been in a car accident, there are some things that you can do to get your damages covered. If you are dealing with the aftermath of a car accident, Macon car accident attorney David Mann can help.
What Type of Case is a Car Accident Claim?
When you decide to file a car accident claim, it is always good to know what sort of claim you are filing. A car accident claim is considered to be a personal injury claim. If you were not responsible for the accident, you are going to be considered a victim of a personal injury. In order for your attorney to be able to file a car accident claim as a personal injury, there are a few things that they are going to have to be able to prove.
There are four concepts or proofs in a personal injury case. The first is proof of the burden of care. This means that your attorney is going to have to prove that there was a burden of care that the other driver or the driver of the vehicle you were in owed you. A good example would be in you were in an accident with another vehicle that struck your car. They had the burden of car to not hit other cars and keeping other drivers safe. If you were in a vehicle and you are suing the driver of the vehicle you were in, they had a burden of care when you got into their vehicle to ensure you were not injured.
The second concept that has to be proven is that the burden of care was broken or violated. This means that the person that was supposed to keep you safe did not. This could mean the other driver hit you, they did not keep their burden of care to not hit other drivers and cause an accident. Similarly, if the driver of the vehicle you were in has an accident that was their fault, they did not protect you.
Your lawyer is also going to need to prove the injury. This means that they are going to have to prove that the injuries you are claiming to have sustained were the result of the breach of care. Say you have a broken arm from an accident. They are going to have to prove that the broken arm came from the accident and that you did not have it prior to the accident, and that you did not cause it yourself.
The last thing that will have to be presented is the damages. This means the money you are out of due to the accident and the compensation that you are entitled to as a result of the accident that you were part of.
Damages for Injury and Medical Bills
The first type of damages that you can get are damages for the cost of your medical care both immediately following the accident and any follow-up medical care you may need. Going back to the broken arm example. The medical expenses from the emergency care you receive following the accident would be covered, and you could get compensated for it. You could get compensation for the cost of the follow-up medical care you need as well.
This could be the cost of follow-up visits with the orthopedic doctor, it could be the cost of a cast and the removal, and it could also be the cost of the physical therapy that you have to get following the injury to help you regain motion after healing. This is to help ensure that you are going to be able to pay off any medical bills that are associated with the injury that you sustained that was not your fault.
Time Off Work
Another type of damage you are going to be able to file for is for compensation for time off work. Since you are likely going to have to take time off work to heal and to get better, you can get compensation for that time that you have to take to get well. This is going to be compensatory based on how much time off work you have to take and what the loss of income during that time was.
Your lawyer is going to have you show pay stubs so that they can accurately calculate how much money and income you are losing by not being able to go to work. Now, this amount may not be exactly what you are missing out on, but your lawyer is going to try to get the most accurate estimation possible.
This will help you cover the bills that you still have to pay, despite the fact that you cannot work and help you to keep your household going even though you are unable to work and are injured.
Pain and Suffering
This is the last type of damages that your lawyer is going to be able to file and able to fight for. Pain and suffering are more of a relative term and a relative amount. There is no set formula for it, and it does vary depending on how the accident affected you and how it affects your quality of life following the accident.
This is going to be monetary compensation for things like anxiety and depression that you may have as a result of the accident. If you have trouble sleeping or driving due to anxiety and fear, that is associated with the accident can also apply. This is going to be an amount that varies from case to case and from person to person.
If your injuries are not too severe, if they are not too serious, and if they are not something that is going to greatly and dramatically affect your quality of life, you are likely to be awarded less than someone that has a life-altering injury, or that has a serious issue after the fact. This is an amount that is going to help compensate you for the trauma that you went through with the accident.
Why Do I Need a Lawyer?
It may be difficult to understand just why you need a lawyer in this case. Well, when it comes to personal injury cases, courts are notorious for trying to settle for less and for awarding lesser settlements than what most people feel they are entitled to. While you may be able to start collecting the information you need on your own, it is always going to be far better to have a lawyer to help you through the process.
If you were in a car accident and you want to file a lawsuit against the person that caused the accident, it is always going to be best to get a lawyer to help. Your lawyer is going to be able to help you collect all the information you need to file a suit. This means things like accident reports, medical reports, and any eyewitness reports that might be present from the accident. This will help you focus on healing and will help you take the time you need to feel better and actually start getting better.
Your lawyer is also going to be able to help you to fight for your settlement and help you get the best settlement possible. They can help you to ensure that you get your compensation for the bills and the pain and suffering that you have had to sustain. They can help you prove that you were wrongly injured, that you were not at fault for the injury, and that you are going to get a good settlement that can actually help you.
How A Lawyer Can Help?
A lawyer is going to be able to help ensure you get a good settlement, that you are going to be fairly compensated, and that you are going to be able to recover both financially and physically from the accident that you were a part of. It is important that you have a lawyer on your side to help you understand the process, figure out what the best overall care is for you, and help you get the settlement that you need.
The person that you are filing against is going to have a lawyer of their own. They are going to have someone that is going to be willing to fight for them and fight for their own interests. You need someone that is going to be able to fight for you and is also going to be able to help you get the compensation that you need. You can fight for a settlement on your own, but a lawyer is going to be able to help you better navigate what is going on.
Your lawyer is going to be able to help you get your compensation and get the money you need to be able to pay off your medical bills that are associated with the accident, as well as be able to help protect your household while you cannot work. The right lawyer is going to be able to help you and is going to be able to help you understand the case as it goes on and as it happens. Your lawyer is going to be on your side and is going to help you get the settlement that is actually going to be able to help you and is actually going to be able to help you come out on top.