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Can You Claim Compensation After a Car Accident?

Tags: Attorneys, Personal Injury, Auto Accident


If you’re one of the 3 million people who are injured in car accidents in the U.S. every year, you might be wondering if you’re eligible to obtain compensation. Although traffic accidents are a common occurrence, people don’t always realize that they can take legal action after this type of incident. To find out if you could successfully make a claim, take a look at some of the factors that are taken into account:


1. Who Caused the Incident?

One of the major issues when it comes to claiming personal injury compensation is liability. Before you can make a successful claim, you’ll need to establish who was at fault for the accident. If you were parked legally and a speeding driver crashed into your vehicle, for example, it might be quite easy to prove that they are 100% at fault. However, if you collided with another vehicle while switching lanes, you might share liability for the incident.

Even if you were partly responsible for the accident, you may still be able to obtain compensation for the harm you suffered. Lawyers will assess the details of the assessment to determine what level of responsibility each party takes, which will have an impact on how much compensation you subsequently receive.

2. Did the Incident Cause Injuries?

When you make a personal injury claim after an auto accident, you’ll be able to claim for injuries that were caused by the incident itself. While this might sound straightforward, it can be more complicated in practice.

If a side impact collision caused you to sustain a broken arm immediately, for example, causation could be relatively easy to establish. However, if you exited your vehicle after an accident and fell over, thus sustaining a head injury, this may be more controversial. To establish causation, you’ll need to show that there were no intervening factors that absolve the responsible party of their liability. Fortunately, your personal injury lawyer will be on hand to assist with this!

3. What Injuries Did You Sustain?

If you’re going to take legal action after a traffic accident, you’ll need to be able to show what harm you suffered. Usually, copies of your medical records will be obtained and used as evidence. In addition to this, independent medical professionals may be asked to give their opinion on the long-term effects of these injuries, so that a fair amount of compensation can be calculated.

People sometimes assume that you can only obtain compensation for very serious injuries, but this isn’t the case. Even relatively minor injuries can have a significant impact on your life and are well worth claiming compensation for.

Getting Legal Advice After an Accident

While accessing medical help is your top priority after an accident, it’s important to obtain legal advice as swiftly as you can. Often, it’s easier to obtain evidence if you get your claim underway soon after the incident occurred, so it can be in your interest to seek legal help straight away. By doing so, you’ll have peace of mind that your claim is being handled by experienced personal injury lawyers who are working tirelessly on your behalf.