Auto accidents occur every day and can have severe reprecussions. In the case of a pedestrian auto accident, the outcome can be catastrophic.
Thankfully, a proper case can help injured parties and their families seek the reparations they deserve. A few key things can help filers build solid claims.
After an auto accident, it is critical that parties seek medical attention. Even if a party is able to walk away from the accident, seeking medical counsel from a family physician or urgent care facility is advisable. Not only does it help to begin the paper trail for the case, but it also helps to ensure that the victim did not sustain any internal injuries. In fact, some injuries do not fully surface for weeks. Having those medical records can aid in linking the injury with the incident.
Damages are expenses that come as a result of injury. Parties may claim one or several damage types, depending upon the extent of the injury. Some of the most common damages include
- Medical bills
- Rehabilitation costs
- Lost wages
- Pain and suffering
While some damages are easy to calculate utilizing bill documentation, others the court determines at its discretion. For this reason, having as much evidence as possible to support a damage claim is critical.
The proof process
In order for a claim to be successful, the claimant must be able to prove the claim by supporting four main assertions:
- The driver had a duty of care
- The driver did not uphold the duty
- The lack of care led to the accident
- The claimant received injury due to the accident
Along with proving the assertions, claimants should also be able to show that they took proper safety precautions. This can help to limit their responsibility under California's shared fault law.
Building a solid claim does have several aspects to it, but the reward can be worth putting in the work. Consulting with a knowledgeable professional throughout the process can aid in lightening the load while providing claimants with the best opportunity to receive the outcome they deserve.