If you have been in a car accident, it is likely that your attention immediately turned to the damage done to your vehicle. While this is important, there are other things you should focus on during these moments of shock and confusion. One issue you may have encountered is being attacked by another driver who caused the crash in the first place. Whether he or she was drunk, distracted, careless, or inexperienced; you could find yourself with injuries from their recklessness. Unfortunately, such an event can leave lasting damage (physically and emotionally). Here is how an attorney can help you if that happens.
Filing a Personal Injury Claim
After being attacked by another driver, an attorney may be able to file a personal injury claim on your behalf seeking compensation for the injuries that were brought on by this attack. Without an attorney, it’ll be difficult for you to prove the elements needed to convince the court of the liability of the other driver by yourself. The elements are:
- The other driver was negligent in their driving.
- Their negligence caused the accident and subsequent injuries.
- You were hurt as a result of this accident.
- Your current situation makes it impossible to continue working (i.e., you can’t go back to your old job because of your injuries).
Of course, each case is different depending on many factors, but generally speaking, these are the main elements that must be proven. The trick is having evidence on hand that supports your claim, which requires the expertise of an attorney who has experience building cases like yours. Speaking with an attorney will help you determine whether filing a civil suit against the other driver is right for you after being attacked following an auto accident.
Calculating Damages
Damages are what you should expect to receive from the liable party after a negligence lawsuit is settled or won. In fact, the lawyers at https://www.davidchristensenlaw.com/can-i-sue-someone-for-intentional-injuries/ explain that in some cases, the court can even award punitive damages in the hope of deterring the person who harmed you from continuing with that type of behavior. Damages can be divided into two, and an attorney is the best person to convince the court to give you what you deserve. Generally, damages are grouped into special damages or general damages.
Special Damages
Special damages are most often associated with financial losses that were caused by the negligence of the other driver. Special damages will most likely include medical bills, lost wages, and property damage. Your attorney can help you acquire all relevant documentation to properly calculate these costs with their expertise.
General Damages
General damages are non-financial harms that may have been caused by another driver’s negligence during an accident with your car. These types of damages are harder for a layperson to comprehend without proper legal training, but examples would be pain and suffering, loss of consortium (i.e., sexual relations), or disfigurement/scarring as a result of being attacked after a car crash.
Negotiating a Settlement
Once you’ve been through the initial steps of filing a lawsuit against another driver, your attorney will begin working on a settlement to present to the insurance company. This is where the majority of attorneys have an advantage over you in negotiating for more compensation. Your lawyer can use their training and experience with personal injury lawsuits in order to properly negotiate a settlement that not only provides restitution for your injuries but also serves as a deterrent for the other driver to stop engaging in such reckless behaviour.
Support
If you’ve found yourself in this situation, it’s understandable to feel scared and alone. Fortunately, with an attorney by your side, they’ll help guide you through the process of dealing with insurance companies and legal proceedings so that you won’t have to worry about anything except getting better not just physically but also emotionally.
An attorney is the best person to turn to after being attacked by another driver following an auto accident because they have the specialized training needed to differentiate between what’s relevant and what’s not. For example, they know how much evidence is needed to bring strong cases against negligent drivers, which allows them to cut out irrelevant details that aren’t helpful when filing a claim or building a case.
Attorneys can help you build your case and handle all the paperwork associated with the process. This includes filing claims and related documents, compiling supportive information (e.g., medical records or police reports), working closely with medical providers and other professionals, and even speaking on your behalf.
Lastly, when negotiating a settlement, attorneys can help you get the best possible outcome for your case because of their expertise in the field. This will ensure that you don’t have to make any compromises or accept a lower amount than what’s fair compensation for your injuries and damages.
