Auto accident lawsuits exist to help you receive fair compensation for medical bills, lost wages, even pain and suffering. However, you can go through the motions of a personal injury case and walk away with nothing or next to nothing. Here are a few things that can lead to such an outcome.
1. No Expert Opinions
An expert opinion is often necessary to prove the accident caused your injuries. If the opposing party thinks there is no way you suffered the injury in the way you say, it's on you to prove that you did.
The only way to do that is with a doctor or other medical professional's opinion. They can diagnose you and point out precisely how the accident could have led to your particular injury. The expert's opinion often leaves no room for doubt.
2. Suing an Individual
If you're in an accident with someone who doesn't have insurance, then suing them won't always earn you damages. In most cases, they will need to own assets of worth. Unfortunately, things like cars and homes aren't always up for grabs if the person cannot pay you some other way.
The judge may allow you to garnish their wages, but even then you're looking at a trickle of money, not something that can pay off your medical bills or compensate you for lost wages. Consider that someone driving around with no insurance likely doesn't have the kind of assets needed to settle a judgment.
3. Not Having Any Proof
Personal injury cases require proof. The more proof, the better. Gathering proof at the scene is the best way to go about it.
- Take lots of pictures of your car and the other driver's
- Take pictures of the location
- Gather names and contact info from witnesses
- Always file a police report
These things all contribute to the body of proof that things happened the way you say they did.
If you're injured, you should attempt to have someone else do these things for you. If your injury prevents you from communicating with someone else, then you should try to contact someone to follow up with gathering evidence as soon as possible.
For example, you can have a friend or family member go to the scene and take pictures. Or you can have someone go to wherever your car is located in order to take pictures.
4. Not Hiring an Attorney
One of the quickest ways to lose a case is to go into it without legal representation. A lawyer can help you in every way. A lawyer can,
- Let you know from the start if you have a case or not
- Help you find expert witnesses
- Help you gather evidence and proof
- Help you receive a fair settlement
Remember that a local car accident attorney will know how the laws work in your jurisdiction. Everybody's situation is different. You should speak to an attorney as soon as possible.
