Accidents can happen anywhere and everywhere so know how to tackle this problem legally without any hassle. Know how to choose your lawyer and know him to help you get through the accident and claim your compensations. The first and for most information is to know the meaning of negligent which is defined as any care-less activity while driving is termed as negligence and negligent behavior or activity. Choose an auto injury lawyer who is professional in his work and would have at least handled handful cases of your same situation. Let’s take a quick and easy guide to know the lawyers perspective in some easy 4 steps.
Step 1- Knowing the Fault presented
It is important to be aware of the claim made and fault presented. The car accidents are not so clear to proof very easily as the situation is always not so easy. So, there are two types of negligence which are Contributory (contributes to the negligence decides in some cases whether one is entitled to the compensation or not), and the other is Comparative negligence ( where the compensation is entitled to the party if their fault was less than that of the other party and the ratio is to be 51:49%)
Step 2- Factors affecting compensation
There are certain technical factors which are kept in mind while working legally which is the FIR or involvement of the police followed by the medical attention you were entitled to in what time. Third factor is the witnesses if any to the accident followed by your own statement for the situation and the driver and any proof of the situation where the accident occurred like videos or photographs (according to the new amendment which legalized digital proof in the evidence act).
Step 3- Analyzing the case evidences
This includes documentation of the Case and Evidences available. Have a statement of your condition and the accident situation as soon as you are in your senses. Auto injury lawyer then contacts the witnesses if possible and physical evidences (broken phones, torn clothes, and blood stained clothes) are to be procured safely from the place of the accident. Document your physical injuries and medical bills along with the photos of the bodily injuries if possible.
Step 4- Types of Damages
An Auto injury lawyer knows the type of damage you can claim and can have in your situation. There are two types of damages Physical damages (monetarily) and Mental Damages (mental trauma and emotional trauma). Compensatory damages generally comprise of the medical bills, compensations related to work such as lost wages or working capacity hindered or loss of a property in the accident such as phones, laptops etc. While general damages comprises of the compensation for the pain and emotional trauma a person went through.
These are the legal things which are to be kept in mind while claiming your accident compensation or filing your accident suit for the compensation to ensure a win-win.
