What are the 3 things YOU must prove in your personal injury claim?
Welcome to “Do I Need A Lawyer?”
Thanks for joining us!
If you have a question you would like for me to answer, or if you would like to speak with me regarding a potential claim, please pick up the phone and give us a call right now. (770) 934-8000.
3 Things You Have to Prove in a PI Case
The call is completely confidential, there is no obligation, and the consultation is free.
Our Firm
Gary: My wife and I were hurt in a car accident about a month ago. We were not at fault. I am ok but my wife is not. The other driver slammed into the passenger side door where she was riding. She is still treating with the doctor. We are already getting a lot of medical bills in the mail. If we hire a lawyer, what do we have to prove to be able to recover from the driver’s insurance company?
Our staff of legal professionals are standing by right now to take your information.
The call is completely confidential, there is no obligation, and the consultation is free.
Now let’s go to the next question from one of our viewers.
Jeff in Decatur
Gary: My wife and I were hurt in a car accident about a month ago. We were not at fault. The other driver slammed into the passenger side door where she was riding. She is still treating with the doctor. If we hire a lawyer, what do we have to prove to be able to recover from the driver’s insurance company?
Thanks for the question though I’m sorry to hear about your wife’s injuries and the wreck.
There are several things we have to prove in these personal injury claims:
* Someone was negligent in causing the wreck (besides our client);
* This person’s negligence was the proximate cause of our client’s injuries;
* We have to prove the damages our client sustained in the wreck.
Other examples include:
Following too closely
Driver distractions due to using a cell phone or adjusting the radio
Driver fatigue because they drove their tractor trailer more than Federal law allows
Proximate Cause:
Once we prove the other driver was negligent, then we must show that this negligence was the proximate cause of your injuries.
Here is an example:
The Defendant’s negligence was the proximate cause of the wreck and your injuries.
Here is another example:
You have a green light allowing you to proceed straight through the intersection.
The Defendant is traveling in the opposite direction.
He does not see you and he attempts to turn left in front of your car and crashes into your vehicle. You sustain a broken arm and leg in the crash.
His failure to yield while turning left is the proximate cause of the collision and your injuries.
(3) Damages:
Damages could include compensation for:
Medical bills, including:
-medical doctors and specialists
-physical therapy
-prescriptions
Lost wages:
It can be very problematic, however, if someone misses time from work but is paid “under the table” and there is no record on the books. It gets even messier when there is no mention of this work on the tax returns.
Transportation costs
You would not have to be driving around from doctor’s appointments to physical therapy to the pharmacy to get your prescriptions filled if the Defendant had not caused the wreck.
Parking in some of the private lots can also add up.
Keep track of your round trip mileage to these appointments and save those parking receipts!
The key component to making a claim for these future medical expenses is to get a doctor’s narrative addressing the medical needs, why they are necessary, how they were caused by the wreck, and the costs of the procedure(s).
FUTURE lost wages
The standard for proving future lost wages is simple, yet can sometimes be a difficult hurdle to overcome.
The way a jury measures future lost income is for them to determine what the plaintiff would otherwise have earned in his job or profession but for the injury.
Punitive damages:
Sometimes the defendant’s conduct in causing the wreck or his actions immediately after the wreck are so egregious that the law allows us to seek additional damages known as punitive damages.
The purpose of punitive damages is to punish, penalize, or deter the Defendant from repeating the conduct.
For example, punitive damages can be sought in wrecks where:
– The Defendant causes a wreck and attempts to flee or does flee the scene of the collision.
General damages are designed to compensate an injured victim for losses such as pain and suffering, emotional suffering, hardship, or inconvenience.
These damages are hard to quantify for everyone and are highly subjective, so the law instructs the judge or jury to assign these damages on an individual basis.
There is an old saying that “[T]he easiest pain to bear is someone else’s.”
There is a lot of truth to that statement.
This is clearly one of those areas where an experienced personal injury attorney can help argue the specifics of your case to the insurance adjuster.
Now – if you have questions about a potential claim, please give us a call.
If not us, please call someone – but call an attorney that specializes in personal injury law.
You have absolutely nothing to lose by calling a lawyer, but think of all you can lose if you don’t!
If you would like to speak with my law firm about your claim, we make it easy for you.
Just pick up the phone right now and give us a call at (770) 934-8000.
Our intake specialists are standing by right now to speak with you.
And stay tuned for more of “Do I Need A Lawyer”
We’ll be right back.
Personal Injury Law
