How Do I Seek Compensation After a Car Accident?

If you suffered an injury or lost a loved one in a car accident, you need to demonstrate the following in order to recover compensation for your damages related to the injury or death:

The specific damages that you suffered. These could be your medical bills, your lost wages, your psychological damages, or the loss of the deceased victim’s earnings, benefits, and contributions to your household. These damages should be itemized and supported alongside the other pieces of evidence to support your claim;

The cause of the injury or death. In the case of an injury or death caused by a car accident, you will need to demonstrate how the accident occurred and how it directly caused the injury that eventually led to the death. Evidence to support this portion of your claim may include video surveillance that captured the accident, photographs of the accident, and the official police report for the accident. If the accident was due to a vehicular malfunction, documentation showing the faulty or defective part is an important piece of supporting evidence;

The connection between the accident and your damages. Simply showing that you were in an accident and that you are now facing high medical bills is not enough to show the causation between the two events. You must have evidence to show that the specific injury caused you to face the expenses you are now paying, such as the need for physical therapy due to a broken leg that you would not have had if you had not been in an accident.

Your doctor’s diagnosis, treatment plan, and specific testimony about the injury and your prognosis can support this part of your claim. If you cannot work or if you can only perform limited job duties and thus cannot earn your full wage because of your injury, documentation showing the difference in your earnings or earning capacity must be submitted alongside a claim for compensation for lost wages.

The at-fault party’s negligence. You must show that if the at-fault party was negligent in order to connect the resulting accident to your damages. Evidence to demonstrate his or her negligence can include phone records showing that he or she was distracted when the accident occurred, the results of a Breathalyzer showing that he or she was intoxicated when the accident occurred, the police report showing that he or she violated a traffic law when the accident occurred, and even the photographic, video, and testimonial evidence to support your claim that he or she violated his or her duty to others when the accident occurred.