18 May 2020
 Categories: , Blog

Knowing what to expect when you take action against a careless driver can help you make better decisions after a wreck. Take a look at what accident victims need to understand about proof and the importance of getting paid for all of your personal injury damages.

Prove Who Was At Fault

All other personal injury issues pale in comparison with addressing fault. The first thing many people want to know about is "who caused the accident?". You may already know that you were not at fault but proving it is vital. Whatever you do, never admit to being at fault for an accident or apologize to anyone at the accident scene. If it later turns out that you were at-fault, then follow the advice of your personal injury lawyer. When fault is in disagreement, it's usually resolved with some investigation. That means reviewing photographs from the accident scene and the location of damage to the vehicles. In some cases, accident reconstruction experts must be used to provide proof. Increasingly, cell phone video evidence can also paint a compelling picture of fault.

Proving Your Damages

When it comes to accidents, damages are the same thing as losses directly attributable to the accident. If accident victims made a list of all the negative things that have happened to them because of the accident, that would be a list of damages. For each item listed, you must show proof. Take a look at this list of common accident damages and what kind of proof might be required:

1. Medical expenses – The total cost of your medical bills to be paid. This form of damage is often used to calculate your pain and suffering too. In most cases, medical expenses are easy to prove by producing medical records, receipts, statements, and insurance explanations of benefits.
2. Lost wages – You can be paid for all time you missed from your job, including any paid time-off you used. To demonstrate your losses, produce a pay stub, pay statement, or a letter from your payroll department stating your salary.
3. Pain and suffering – As mentioned above, many lawyers and insurers calculate this category using medical costs. That is because serious injuries can also cause a lot of pain and suffering. That may not be enough, though. Keep a pain journal detailing all the ways your world has changed for the worse because of the accident so that you can get your medical costs multiplied by many times for your pain and suffering payment.

Speak to a personal injury attorney to learn more about proof and getting paid the compensation you deserve.