Accidents are avoidable events that have a lasting impact on a person’s life. There seems to be an upsetting trend when it comes to accidents. People seem to be least bothered about others’ safety. People aren’t expected to go out of their way to care for someone, but they should show basic common sense by sticking to the rules and making sure they’re not hurting anyone.
A disturbing statistic from the United States Courts says that personal injury filings saw a massive 97% increase in 2020. This hike is mainly because people seem to be caring less for others, or, in other words, people are negligent. In such situations, reputable law firms, like Impact Legal Personal Injury Attorneys, are the only saving grace. They work hard to ensure victims of negligence get fair compensation for all their losses.
The word negligence has already been used twice here. So what does it mean?
Negligence is defined as the failure of an individual to act with the level of care that a reasonable person would’ve done in similar circumstances. Simply put, someone with common sense wouldn’t get behind the wheels of a car (or any motor vehicle) when drunk, but a negligent person does. This does evidently happen, which is why, those who are in an accident because a negligent driver hit them, will contact a Lakeland car accident lawyer, or a similar lawyer, to help them fight their case and receive fair compensation.
It is important to know what one must do when they suffer due to the actions of such individuals. This article explores the steps victims of negligence must take to get fair compensation for their losses and hold the at-fault party responsible for their actions (or inactions).
Things to Prove
Proving negligence is tricky. That is because there are four elements to prove, and the victim has to prove each element before moving on to the next one. The four elements to prove negligence include
- Duty of Care: All individuals have a duty of care to others around them. They’re expected to act in a way that doesn’t cause harm to others. The victim has to prove that the at-fault party had a duty of care to the victim.
- Breach of Duty of Care: The at-fault party, who had a duty of care, acted in a way that violated it.
- Causation: The at-fault party’s breach of their duty of care led to the accident.
- Damages: The accident that occurred caused actual damage to the victim.
Things to Claim
Victims suffer from a range of losses and damages after an accident. They’re eligible to recover monetary compensation for all of them. The losses a victim can recover are categorized into two. They are:
- economic damages
These include the monetary damages the victim has suffered due to the accident. The losses for which the victim can recover compensation include:
- Medical Expenses (present and future)
- Loss of Income (present and future)
- Property Damage
- Assistive Services
- Funeral Expenses
2. non-economic damages
Non-economic damages are the emotional and pain-related damages victims have to go through. As a result, calculating them is difficult when compared to economic losses.
The following fall under non-economic losses.
- Pain and Suffering
- Emotional Distress
- Loss of Consortium
- Loss of Enjoyment of Life
- Reduced Quality of Life
- Impact of Disabilities or Disfigurements
Things to Do
Victims of negligence are often overwhelmed after an accident. They often miss out on important things to do, which might have serious consequences later on. Victims should do these 5 things to improve the chances of their personal injury claim.
- Seek medical attention: Victims are vulnerable to a range of injuries. They must visit a hospital to treat existing injuries and uncover hidden ones.
- Report the accident: The police must be alerted about the accident. They’ll investigate and draft a report that is considered solid evidence when claiming compensation.
- Gather evidence: Victims must use their smartphones to capture images or record videos of anything they think is relevant. This includes:
- Their injuries
- Damaged property
- Weather conditions at the time of the accident
- The at-fault party’s license plate
- The at-fault party’s insurance information
- Collect witness information: Witnesses can help turn a case in the victim’s favor. Victims must talk with witnesses and collect their statements along with their contact information. This is also a good time to request the witness’s willingness to testify.
- Hire a lawyer: Compensation claims are tough. Insurance companies try all the tricks in the book to reduce the payout. To tackle this and make the compensation claim move smoothly, the victim must hire an experienced personal injury lawyer.
Final Thoughts
Personal injury cases are tough, especially for the victims. However, with proper legal assistance, victims can take the fight to the at-fault party, making them pay for their negligence.
It is recommended to hire a lawyer to make the compensation claim easier. The lawyer has the legal expertise to get victims the compensation they deserve.
