Do I Need a Lawyer if the Car Accident Was Not My Fault?
Lawyers are not just for people who are in legal trouble. The goal of a car accident lawyer is to ensure that you are able to hold a negligent party responsible for their actions that led to your injuries. Therefore, anyone injured by another person’s negligence should find representation to pursue legal action for financial compensation.
How Does a Personal Injury Claim Work?
Personal injuries are the result of negligence and a civil claim allows for the injured person to hold the responsible parties accountable for the consequences of their actions. In order to prove that someone is liable for your harm, we must verify that the defendant owed you a duty of care. This means proving that the defendant had an implicit or explicit obligation to minimize the risk of foreseeable harm.
Another thing to prove is whether or not the defendant acted recklessly or carelessly enough to breach their duty of care (i.e., violating a traffic law as a person driving a motor vehicle, or failing to maintain reasonably safe premises as a store owner opening their property to the public). Then we must discern whether there was a causal link between the defendant’s breach of care and the injuries in question – essentially finding out if the accident would have occurred if not for the defendant’s negligence. Lastly, we must verify that the injuries led to damages, either in the form of medical bills, lost wages, or emotional/psychological forms of harm.
Even though you had no fault in the accident, a car accident lawyer helps you prove all aspects of negligence to be used in court or settlement negotiations.
Receiving Compensation for Injuries Sustained
Once responsibility for the accident has been placed on the negligent party, it allows for the plaintiff to seek compensation for every “compensable loss” they sustained. “Compensable” is not limited to solely economic losses, as it is possible to recover for non-economic damages as well. A personal injury claim could potentially demand restitution for losses such as: past and future medical bills, past and future income losses (including future diminished future earning capacity), personal property damage, expenses related to long-term injuries (like home modifications and in-home care costs), physical and psychological suffering, and lost overall quality of life.
The Law Firm of Kinard, Garcia & Saldaña puts you and your health first. A knowledgeable attorney could help you fight for the settlement that you rightfully deserve. Even if you were not at fault for what happened, you need a car accident lawyer working with you to file a civil claim for compensation. Contact us as soon as you are able.