If you’ve been injured in an accident, you may be wondering whether or not you have a legal case. Maybe this is the first time you’ve ever seriously thought about hiring an attorney. You might have medical bills piling up and not be sure how you’re going to make ends meet.
If that sounds like you, the good news is that you might have a personal injury case. If you have a case, you may be entitled to damages or a settlement that will help you meet your financial needs and compensate you for any pain and suffering you’ve experienced as a result of your accident. Let’s talk a little about how that works.
What is Negligence?
In a personal injury case, there are four things you have to prove: that the defendant had a duty of care to the plaintiff, that the plaintiff received some harm, that the defendant failed in the duty of care (that is, that the defendant was negligent), and that the defendant’s negligence caused the harm the plaintiff received.
In a car accident case, the most important thing is the ability to prove negligence. When driving, every driver has a duty of care to every other driver to abide by the rules of the road, pay attention, and drive safely at all times. The types of harm plaintiffs suffer in car accidents are also fairly easy to prove. The most important part of the case is the ability to prove that the defendant was negligent in a way that contributed to the accident.
Who Could be Found Negligent?
You may think the other driver is the only person who could be negligent in connection with your case. There are actually a variety of parties who could be found to have neglected their duty of care. Let’s go over a few of them:
- Another Driver
If you were injured in an accident where another driver was clearly in the wrong, they could be found negligent. This would allow you to file a lawsuit with the other party’s insurance company. You simply have to prove that the other driver failed in his or her duty of care in some way, leading to the accident.
- The Manufacturer of Your Vehicle
The manufacturer of the vehicle could be negligent in a number of ways. There could be a manufacturing error that causes the vehicle to fail in a way that leads to an accident. There could be a design flaw that leads to the same result. Manufacturers have a duty to provide a quality vehicle, so you could possibly have a case against them.
- Mechanics, etc.
Some accidents are caused by a failure of the vehicle because it was given poor-quality repair work. If a vehicle’s repair or maintenance work causes an accident, you may have a case against the auto shop or other organization that did the repairs.
What to do if You’ve Been in an Accident
If you or a loved one has been in a car accident, the first thing to do is seek medical care. This is important because it’s necessary to get treatment for serious injuries, but also because it’s good to have medical records connecting the injuries you received with the accident.
After that, you should talk to a law firm can trust like Bley& Evans Attorneys At Law. Many personal injury attorneys offer a free initial consultation, so there’s no risk to you in getting a professional evaluation. The right attorney for you will know how to give you the best possible chance of getting the verdict or settlement you deserve.