When we first meet a new client, one of the first things they want to know is how much their case is worth, or the value of a potential settlement. There’s nothing wrong with this. The only reason people hire a Los Angeles injury attorney is so they can get compensation for their injuries. As much as people say they want justice, we understand what’s really important to them. If someone else caused your car accident, you shouldn’t be left holding the bag. The other driver should be accountable for your medical bills and any other out-of-pocket expenses you experience as a result of the crash.
Here, we will discuss what your Los Angeles injury attorney will have to do to prove fault. We’ll also explain how your lawyer can prove your damages. Finally, we will describe the various factors that can impact the amount of your settlement. If you still have questions about your own car accident case, give us a call. You can schedule your free, initial consultation by phone or through our website.
Not All Car Accident Victims are Entitled to Compensation
It’s important to remember that not all accident victims are able to sue the other driver. In some cases, both drivers are equally at fault. Or, if you didn’t call the police at the time of the crash, you won’t have proof of what happened. The same thing is true if you refuse medical treatment after the crash. You won’t be able to prove that you were injured because you won’t have documentation of your injuries or medical treatment.
If you suffered serious injuries, however, there’s a good chance that you will be entitled to damages. It all comes down to the facts of your case and whether your Los Angeles auto accident attorney can prove negligence on the part of the defendant.
Your Los Angeles Auto Accident Attorney Must Prove Negligence
If you expect to collect damages, you’ll need to prove that the other driver was at fault. This will require you to prove negligence. Negligence is just another way of saying the other driver didn’t behave the way a reasonable person would have given the circumstances.
According to the American Bar Association, you must prove the following four things if you want to demonstrate negligence:
- Your Los Angeles auto accident attorney must prove that the other driver owed you a duty of care. In a car accident case, this isn’t all that hard to do. The other driver owes all motorists a certain duty of care. For example, they must obey all the local traffic laws. They also have to use common sense when sharing the road with other drivers.
- Your Los Angeles injury attorney also have to show that the defendant breached this duty of care. They can do this by showing that the other driver was issued a ticket for speeding or drunk driving at the crash scene. They can also submit an affidavit from an eyewitness stating that the other driver was texting immediately before the accident.
- You must show that you suffered an injury. It isn’t enough that you were involved in a motor vehicle accident. You have to demonstrate that you suffered a financial or physical injury. Your attorney can submit copies of your medical bills and medical records to do this.
- Finally, your lawyer will have to show that your injuries were caused by the defendant’s breach. They shouldn’t have a hard time doing this, unless you didn’t seek medical treatment for days or weeks after the crash.
If you can prove all four elements of negligence, then you can start thinking about a settlement.
Your Los Angeles Injury Attorney Also Has to Prove Your Damages
As stated above, if your Los Angeles auto accident attorney can prove negligence, you’ll probably be able to collect damages. The types of damages will depend on the facts of your case. Most car accident victims are entitled to some or all of the following:
- Medical bills
- Future medical bills
- Property damage
- Pain and suffering
- Lost wages
- Lost future income
The more serious your injuries, the larger your damages will be. This makes sense since people with serious injuries experience more pain and suffering and also miss more time from work.
Several Factors Impact the Amount of Your Settlement
There are certain factors that can impact the amount of your settlement. Since every case is unique, it will depend on what your Los Angeles injury attorney can prove. It also depends on the following:
- The seriousness of your injuries
- Your age and income at the time of your crash
- How long you were out of work
- How seriously your vehicle was damages
- Whether you’ll be able to do the same kind of work you did prior to the crash
- Whether you were partially at fault
Obviously, in addition to these things, your settlement will depend on the evidence your attorney can gather in preparation for your case. If the evidence is strong, your Los Angeles auto accident attorney will have more leverage over the defendant. If, however, the evidence against the other driver is weak, it will be harder to play hardball when it comes time to negotiate a settlement.
Contact a Skilled Los Angeles Auto Accident Attorney Right Away
If you were hurt in a car accident, you may be entitled to damages. It all depends on the facts of your case. Your odds of collecting damages increase if you hire a Los Angeles auto accident attorney. With any attorney by your side, the insurance company won’t try to take advantage of you. It will also be easier for you to focus on recovering from your injuries if you have a Los Angeles injury attorney handling the legal side of things.
We suggest you call our office and schedule your free, initial consultation as soon as possible after the crash. This will allow you to focus on getting better while we deal with the insurance company. We’ll do our best to get your initial claim paid. If that isn’t possible, we will gladly file a lawsuit on your behalf.
Since your initial consultation won’t cost you a thing, there’s no reason not to take advantage of it. Also, knowing the defendant will have a team of lawyers working for them, you should want one by your side as well.