Car accidents are unpredictable and often result in severe injuries along with significant financial burdens. One of the most crucial steps in securing rightful compensation is proving your injuries. This process can be complex, involving various forms of evidence, understanding legal procedures, and honing negotiation skills. This article aims to guide you through what you need to know to successfully prove your injuries in a car accident claim.
Right after an accident, seeking immediate medical attention is not just critical for your well-being, but it also serves as the first and perhaps most essential piece of evidence in your case. Medical records from a qualified healthcare provider can effectively substantiate the nature and extent of your injuries. Failing to seek timely medical treatment can cast doubts on the severity of your injuries, thereby weakening your claim.
Collecting robust evidence is the cornerstone for proving negligence and, by extension, your injuries. There are several types of evidence that can reinforce your claim:
Engaging an attorney can be a game-changer in bolstering your case. At Castan Lecca & Boeschen we can guide you on the types of evidence to collect, how to preserve them, and how to present them most effectively. Moreover, we can:
Negotiate with Insurance Companies: Lawyers possess the expertise to tackle insurance adjusters’ tactics and can protect your interests during settlement talks.
Consult with Medical Professionals: They can bring in medical experts to testify on your behalf, further strengthening your case.
Navigate Legal Procedures: Your attorney takes care of all the legal intricacies involved in filing the claim, ensuring you meet all deadlines and fulfill every procedural requirement.
For your claim to be successful, you must understand the basic framework of negligence. There are four elements you need to establish:
Duty of Care: All drivers owe a responsibility to others on the road to drive safely and responsibly.
Breaching the Duty of Care: This involves showing that the defendant failed to uphold their duty, which is often the core of car accident litigation.
Causation: The link between your injuries and the defendant’s violation of their duty is essential.
Damages: Finally, you need to prove that you suffered losses that can be monetarily compensated, such as medical expenses, lost wages, and emotional distress.
In 2016, fatal car accidents resulted in approximately $44 billion in medical costs and work loss, according to the Centers for Disease Control and Prevention (CDC). Therefore, proving the other driver’s negligence is not just legally essential but also critical for social justice. With adequate evidence, you may qualify for a range of compensations like medical expenses, lost income, reduced earning capacity, emotional distress, and even scarring or physical deformity.
Considering Future Losses
Depending on your injuries, you may need ongoing or even future medical treatment. Hence, it’s critical to factor in these costs—past, present, and future—when calculating your total losses related to the accident.
In Georgia, even if you are partially at fault, you could still recover some compensation. According to O.C.G.A. § 51-12-33, you’re only barred from recovery if you’re 50% or more at fault. This is known as comparative negligence.
Insurance companies are in the business of minimizing payouts. Be wary of the following tactics that they may use to reduce your settlement:
Quick Settlement Offers: Insurance adjusters may try to entice you with a quick but lowball offer. Always consult an attorney before accepting any settlement.
Recorded Statements: Be cautious when giving any recorded statements to insurance companies. They may use your words against you to diminish the value of your claim.
Medical Authorizations: Never sign a medical release form without consulting your attorney as it may give the insurance company access to your medical history, which they could use against you.
Consulting an attorney before making any recorded statements can protect you from insurance traps and other potential pitfalls. An attorney can act as a barrier between you and aggressive insurance adjusters, ensuring that your claim is not undermined.
Proving your injuries in a car accident claim is a complex, multi-step process. Legal expertise in this area can be invaluable. If you’re facing challenges in proving your injuries, consider contacting Castan Lecca & Boeschen. Our seasoned attorneys can guide you through each stage of your claim to ensure you obtain the compensation you rightfully deserve.
You could also be interested in: How to document accident scenes effectively to support insurance claims and legal cases.
51 Lenox Pointe NE
Atlanta, GA 30324
4131 Steve Reynolds Blvd #102
Norcross, GA 30093
MICHAEL BOESCHEN
Attorney
Michael Boeschen (Mike) was born in Wichita, KS and raised in Chattanooga, TN. Mike graduated from The McCallie School and went on to study history, Spanish, and Latin American Studies at Southern Methodist University in Dallas, TX. After graduation, he went on to pursue a law degree from the University Of Georgia School Of Law. During law school, Mike participated in the Legal Aid Clinic, assisting in the defense of indigent criminal defendants. Mike has been licensed to practice law in Georgia since 2002 and his main practice area consists of representing injured workers as they navigate through the Georgia workers’ compensation system. Mike is also fluent in Spanish. In his spare time Mike enjoys following soccer, cooking, and spending time with his wife and two young daughters. Mike and his family are parishioners of the Holy Spirit Catholic Church in Sandy Springs, GA
CHRISTIAN PECONE
Attorney
ED DENKER
Attorney
ILIANA DOBREV
Attorney
KEN THAXTON
Attorney
ALEXANDER LECCA
Attorney
DANIEL CASTAN
Attorney
Dan Castan is a senior partner at Castan and Lecca, PC in Buckhead and represents injured workers before the State Board of Workers’ Compensation and plaintiffs in State and Superior Courts of Georgia for injuries suffered in accidents. Dan litigated one of the seminal claims securing the rights of undocumented workers to receive Workers’ Compensation benefits in the state of Georgia when injured in the case of Wet Walls, Inc. vs. Ledesma. Dan has successfully fought and settled multi million dollar cases. He was born and raised in Newark, New Jersey to immigrant parents from Cuba. He received a Bachelor of Arts degree from Boston College and received his Juris Doctor from The Washington College of Law at The American University in Washington D.C. Dan was admitted to the Georgia Bar in November, 1993. He is an active member of the Hispanic Chamber of Commerce, Georgia Trial Lawyers Association, Atlanta Bar Association and the Workers’ Compensation Section of the State Bar of Georgia. Dan is a founding member and Director of the Latino Victory Fund Georgia and serves on the Board of The Latin American Association. Dan has been dedicated to getting Latinos elected to local, state and Federal offices in Georgia. He has been a Big Brother through Big Brothers and Sisters of Metro Atlanta and a mentor through The Latin American Association’s mentor/mentee program. Dan is married with two children.
