Car accidents are a daily occurrence in California and throughout the country. Fortunately, only a small percentage of these car accidents cause serious injuries. But, if you were involved in a car accident that left you with a serious, potentially life-changing injury, you are probably wondering about your options. A civil personal injury lawsuit may be one option for injured car accident victims to consider.
But, if you do pursue a lawsuit, what issues might arise? Each case is unique, with specific facts that could alter the potential outcome one way or another. Determining fault, however, is ultimately the name of the game in a personal injury lawsuit based on a car accident.
The basic concept of a personal injury lawsuit is that the victim alleges that the “defendant” caused the accident in question and, therefore, caused the injuries that the victim suffered. Typically, the victim alleges some type of negligence or recklessness from the defendant, such as distracted driving, drunk driving or even just failure to follow the rules of the road. To prove fault, details matter. You may be able to help your case by making sure that photos of the accident scene were taken, for example, as well as photos of your injuries. Keep all documentation of your medical treatment and diagnoses, as well as interactions between you and your insurance company. Eyewitness accounts of what happened can also prove vital to the potential success of your lawsuit.
Lastly, beyond determining fault, a victim must also be able to establish the damages sought in the lawsuit. The figures surrounding that number can be a significant issue in the case as well.