Pursuing A Personal Injury Claim After An Accident
Pursuing A Personal Injury Claim After An Accident
Millions of accidents occur every year. The National Safety Council reports that during 2017 there were 169,936 preventable deaths and 47.2 million injuries reported from accidents across the United States. These accidents had a major financial affect on the country as well, costing $1,034.6 billion in total losses.
Many of these injuries are the result of auto accidents and slip and fall accidents. Most accidents are the result of negligence. There are four elements of negligence, and if all four elements of negligence can be proven, you can have a successful personal injury claim against the liable party.
The first element is showing that the other party owed you a duty. All drivers owe others a duty or responsibility to adhere to traffic laws and drive safely. Property owners or business operators have a duty or responsibility to maintain safe premises.
The second element of negligence is showing that the driver, owner, or operator breached that duty or responsibility. The third element is showing that the breach of duty or responsibility caused an accident, such as a slip and fall, motorcycle accident, or a car crash. Then lastly, you must prove that the damages you suffered were the direct result of the breach of duty causing an accident.
If all four elements of negligence apply to your situation, you can have a successful personal injury claim. You need to maintain supporting evidence and documentation that shows what happened, how it happened, and the damages that resulted from the accident in question. It’s also essential to gather witness statements and any available police reports that can bolster your case. This information can be instrumental in outlining the possible damages after auto accident, which can include medical expenses, lost wages, and pain and suffering. A clear presentation of evidence not only strengthens your claim but also aids in negotiating a fair settlement with the responsible party’s insurance company. Gathering witness statements, photographs of the scene, and medical records will be crucial in reinforcing your case. This evidence will not only help establish liability but also play a significant role in the personal injury claim process, ensuring that you receive the compensation you deserve for your injuries. Remember, the more thorough your documentation, the stronger your claim will be. Additionally, it’s crucial to establish that the actions of the at-fault party deviated from what a reasonable person would have done in a similar situation, a concept known as the reasonable person standard explained. This assessment can significantly influence the outcome of your claim, as it helps to demonstrate whether the negligence was indeed actionable. By providing clear evidence that showcases the breach of this standard, you strengthen your position and increase the likelihood of a favorable resolution.
Supporting Evidence and Documentation
If you are injured in a motor vehicle crash involving a car, truck, or motorcycle, or if you are hit as a pedestrian, then an accident report will be completed by the responding police officer. If you are injured in a slip and fall in a business, they must complete an accident report. You will need a copy of the accident report.
Be sure to establish medical care right away, so you can show the injury is the direct result of the accident. Maintain documentation, such as medical records and medical receipts. Your medical expenses include physician visits, x-rays and scans, hospital bills, physical therapy, prescriptions, medical devices, and so forth.
You should also maintain documentation that shows your missed work and lost wages. Also, keep receipts or written estimates for repairing any property damages. Photos of the accident scene, visible injuries, and damages can also be beneficial.
Enlist the Help of a Personal Injury Attorney
If you have been injured in an accident in the Portland/Vancouver metro area, enlist the help of an experienced personal injury lawyer. Call the Harlan Law Firm to schedule a free case review today. There is a strict statute of limitations, and we will help you get your claim on the right track before time runs out.