A lot of accident victims think they’re automatically entitled to damages if they’re involved in a car accident. That’s usually the way they portray it on television. In the real world, it doesn’t work that way. You can’t collect any damages unless your Athens car accident lawyer can prove two things. First, they need to prove that the other driver was at fault. Once they do this, they need to demonstrate that you actually suffered some sort of injury. If they can do both of these things, there’s a good chance you’ll win your case.
Some plaintiffs worry that, if they hire an Athens car accident lawyer, they’ll have to pay them a ton of money. That is also a myth. You actually don’t pay anything until your case is settled or resolved. At that time, your attorney is entitled to two types of payment. First, they’ll get their contingency fee. This is the percentage of your settlement that was outlined in your retainer agreement. Second, they’re entitled to reimbursed for any costs or fees associated with your lawsuit. Depending on how complex your case is, this may include fees for experts.
Your Athens Car Accident Lawyer Must Prove Negligence in Order to Get You Damages
As mentioned earlier, just because you were involved in a car accident, that doesn’t mean you’re automatically entitled to compensation. In order to win your case, your Athens car accident lawyer needs to prove the defendant was negligent. This is how most personal injury cases work.
Proving negligence requires that your attorney do four (4) things:
- First, your Athens car accident lawyer needs to show that the other driver owed you a duty of care
- Second, they must show that the defendant breached this duty of care
- Third, they need to demonstrate that you suffered an injury of some sort. This can be a financial or physical injury.
- Finally, they need to show that your injuries were caused by the defendant’s breach.
If you can prove these four elements, you’re halfway there.
You Also Need to Prove Your Injuries
Even if you can show the other driver caused the car crash, you still need to prove that you were hurt. Otherwise, you won’t be entitled to damages. In most cases, your Athens car accident attorney will argue that you’re entitled to the following types of damages:
- Medical Bills
- Future Medical Care
- Property Damage
- Pain and Suffering
- Lost Wages
- Lost Future Income
- Permanent Disability
- Punitive Damages (in very limited circumstances)
To be awarded any of these damages, your Athens car accident lawyer needs to show that you actually suffered them. If you’re lucky, you can do this with the physical evidence. Or your case may be settled early on and you won’t need to go into much detail about your specific injuries. In other cases, you may need to hire experts to help with your case. Two of the types of experts Athens car accident lawyers use are medical experts and accident reconstruction experts.
Your Athens Car Accident Lawyer May Need to Hire Medical Experts to Testify
A good chunk of your damages will come from your physical injuries. The more seriously your injuries, the more money you’ll be entitled to. For example, a neck or head injury will warrant greater damages than whiplash or a broken wrist. For complex injuries, such as a spinal cord injury, you may need an expert to explain it to the court. These experts can use the evidence and your medical records to demonstrate how your injuries occurred. They can also testify as to what sort of medical care you’re going to need in the future.
Accident Reconstruction Experts are Also Helpful in Many Cases
Before you can even talk about damages, you need to prove that the defendant caused the accident. To do so, your Athens car accident lawyer may rely on accident reconstruction experts. These are people trained to determine how an accident took place. They can basically recreate the accident and pinpoint exactly why the other driver is at fault.
Call and Talk to a Skilled Athens Car Accident Lawyer Right Away
No matter how serious your car accident was, you probably need help. Dealing with insurance companies and defense attorneys can be frustrating. You’re better off having an experienced Athens car accident lawyer by your side. Call today and schedule your free, initial consultation. It’s absolutely free, and you don’t pay anything until your case is resolved.