Not all accidents result in successful claims. In many situations, a claim will be denied or disputed for lack of evidence or proof of the claim. The more details, information, and documentation that you have to prove your case, the more likely it is to be successful. There are four basic elements of a personal injury lawsuit that must be met in order for it to be successful. These include:
- Duty of Care
- Breach of Duty
You must be able to establish that the driver had a duty of care while driving and that he breached that duty. You must prove that the other party’s negligence was the cause of your injuries. You must also be able to prove that you sustained injuries.
Proof of Negligence
The other driver must be proven negligent in order to have a successful case. You and your attorney will gather evidence to prove that the other driver caused the crash. Some useful ways to prove negligence include the police report, witness statements, an accident reconstruction expert and specialist testimony.
Injuries and Damages
You must have sustained actual injuries in order to bring a lawsuit. If the other driver was negligent and caused a crash but you didn’t sustain any injuries and didn’t receive medical treatment, you have no actual damages as a result. Therefore, you will not be able to have a successful case.
Documentation and Evidence
Strong documentation and evidence are essential to a successful personal injury claim. You can never have too much evidence, only too little. If you don’t have enough evidence to prove your case, you won’t be able to succeed. Keep in mind that the other driver’s insurance company may try to dispute your evidence. An experienced Georgia personal injury attorney understands the evidence needed and will work to ensure that he gathers everything necessary for a successful claim.
Building a Strong Case
A strong case has a higher likelihood of success than one that is weak. Strong cases are built using a variety of information, documentation, and techniques. Your attorney will review every aspect of your case and gather the evidence that will ensure a successful case. The circumstances of each case are unique and therefore require review to find the best way to proceed. Not all accidents necessarily result in lawsuits. It is best to discuss the details of your accident with a skilled Georgia car accident attorney.
Your lawyer will evaluate your case to find out whether it has the elements necessary to move forward. You will be able to get answers to your questions and find out the options that are available. An attorney will be able to provide a high degree of insight and understanding to the case.
If you or a loved one were injured in a car accident, do not hesitate to contact an attorney. Our team has helped thousands of accident victims recover the compensation they deserved and we can help you, too. Contact our legal team at Bader Scott Injury Lawyers to schedule a consultation today.
Seth Bader is an Auto accident, Workers Compensation and Personal Injury Attorney who practices in Atlanta, Rome, Savannah, Norcross, Carrollton, Georgia. He graduated from Florida State University College of Law, and has been practicing law for 14 years. Seth Bader believes in fighting for the injured. Learn more about his experience by clicking here.