Car accidents are surprisingly common, and even relatively minor car accidents can result in injuries that can disrupt your life for years to come. If you were significantly injured in a car accident that was someone else’s fault, you can likely fight for compensation with the help of a good lawyer.

But how exactly are you supposed to win compensation for your car accident injury?

The Process

Depending on where you live and the nature of your accident, the process will usually go something like this.

  • Hire a lawyer. Find a personal injury lawyer in your area and work with them closely. Your personal injury lawyer will review the details of your case and determine whether it makes sense to move forward with a claim. If your lawyer decides to take on your case, they’ll likely give you instructions on what to do next, and they’ll start the process of filing paperwork.
  • Gather evidence. Together with your lawyer, you’ll go through a phase of gathering evidence and generally building a case in support of the damages you’re requesting. Dash cam footage, photos, videos, witness statements, medical records, and other pieces of evidence can all be useful in building a clear picture of what happened and how these events are linked to the damages you sustained.
  • Build your case. With the evidence in place, you and your lawyer can build a strong case against the defendant. Your goal is to demonstrate negligence, proving a reckless disregard for the safety of others and a causational link between that conduct and your damages.
  • Negotiate for a settlement. Your lawyer and the opposing party’s lawyer will then actively negotiate for a settlement. Both parties are actively incentivized to stay out of court, since court battles are long, complicated, expensive, and unpredictable. It’s much better for you and the defendant if you can reach a mutually agreeable settlement beforehand. Nearly all cases are able to reach a settlement here.
  • Go to trial. In the rare event that you can’t reach a mutually agreeable settlement, the case will go to trial. A judge or jury will make the final decision about the damages you’re owed.

Types of Damages


There are several types of damages you may be able to introduce as part of your claim, including:

  •       Property damage. If your car or other possessions were damaged in the accident, you may be able to win compensation for them.
  •       Medical expenses. You can also win compensation for any medical expenses you’ve incurred, including costs for appointments, treatments, surgeries, prescription medications, and even physical therapy.
  •       Lost wages. You’ll also be owed compensation for lost earnings as a result of the accident. If you have been out of work because of your injuries, you’ll be able to make most of your money back.
  •       Pain and suffering. In most areas, plaintiffs can also recover for subjective pain and suffering, especially if injuries are severe or have resulted in lasting pain.
  •       Punitive damages. In very rare cases, you can also be awarded punitive damages designed to punish the negligent party.

Improving Your Position

There are also many strategies you can use to improve your negotiating position:

  • Get medical help immediately and consistently. You need to get medical help immediately after the accident and continue getting the medical support you need for your injuries. Otherwise, any claim you have for medical damages could be compromised.
  • Keep detailed records. Similarly, it’s important to keep detailed records about the accident and its aftermath. Gather as much evidence as you can after the accident and keep a log of all the expenses you’ve incurred as a direct or indirect result of that accident.
  • Follow your lawyer’s advice. The most important thing you can do is follow your lawyer’s advice. They want to win you as much compensation as possible, and they have significant expertise in this field.
  • Negotiate patiently. There are many ways to get an edge in your settlement negotiations, but your lawyer will likely be on top of them. The most important thing for you to do is remain patient. If you’re willing to push back and bide your time, you’ll end up in a much better position.
  • Contemplate the potential of going to trial. Going to trial is usually inadvisable, but being willing to go to trial can put you in a stronger negotiating position. Contemplate the pros and cons of such a move carefully.

Recovering damages from a car accident is not only possible but probable if you have a good lawyer and a clear negligence case against the defendant. And if you can follow all the strategies in this guide, as well as your lawyer’s advice, you’ll put yourself in the best possible position.

Image Source: BigStockPhoto.com (Licensed)

 

Related Categories: Legal, Cars & Vehicles, Reviews