A car accident claim is a lawsuit filed against the insurance company of a driver who is responsible for causing an accident. An injury lawyer in Edmonton can help with that by reviewing your situation’s facts and determining whether there is evidence pointing to negligence by another driver.
The other driver must have been at fault for causing your accident. If they were driving recklessly or under the influence of drugs or alcohol, they are liable for damages caused by their actions. The only exception is if you contributed to causing the accident (e.g., by speeding). In this case, you may not be able to claim compensation from them because it could be argued that both parties were at fault.
The law requires the following elements to prove a car accident claim:
• Driver negligence or fault. You must be able to prove that the other driver was at fault in causing the accident. This means that the other driver failed to use reasonable care while driving and that their negligence actually caused your injuries. An injury lawyer can help you show that the other driver violated one or more traffic laws, such as speeding or running a red light.
• Your injuries and damages. You also have to demonstrate that you were injured and suffered damages as a result of being in the accident. This includes physical injuries such as broken bones, head injuries, emotional trauma, and pain and suffering. If you seek compensation for medical bills and lost wages, you must submit receipts and pay stubs. If your injuries affect your ability to perform everyday tasks, you may also seek compensation for those losses.
• Proximate cause. You must also show that the other driver’s actions were the proximate cause of your injuries and damages — not some intervening event or circumstance outside their control (such as faulty brakes). You must be able to link your injuries back to the accident for them to be considered compensable. For example, if you claim pain and suffering after being rear-ended by another car, the court will want proof that this accident was responsible for your current level of pain and discomfort. Injury lawyer can hire investigators who can collect evidence like security camera footage, photos or police reports.
• Damages: You must have suffered injuries or damages due to the accident. This can be physical injuries (broken bones, cuts and bruises), emotional trauma (post-traumatic stress disorder), financial loss due to medical bills and lost wages, or property damage (your vehicle was damaged). An injury lawyer can help ensure that medical bills are paid promptly or directly by the responsible party’s insurance company rather than being sent to collections.