Why Establishing Fault In A Car Accident When You've Been Injured Is So Important
When you've been in a car accident, establishing who is at fault can make a big difference in your ability to file a personal injury lawsuit. If you are found at fault, you have no right to file a personal injury lawsuit for your injuries. Even if you are seriously injured, if you caused the accident, you have no recourse. When you are 50% at fault or less for the accident, you are entitled to compensation for your injuries. If you win the case, your award will be prorated depending on how much at fault you were. The percentage you are found at fault can change the financial award you receive tremendously.
Start By Writing Down Your Own Account of the Accident
Once you are able to sit down and think, take the time to write down your own account of the accident. Don't leave out any detail that you can remember. Describe the weather conditions, what you were doing at the time of the accident, and what occurred before and after impact. This will be your account of what happened, and over time you may be able to improve on your description of the events.
Read Over the Accident Reports Produced by Officials
You have the right to see all accident reports that were produced by officials who responded to the scene. Take the time to carefully read through these reports, especially if you are more than 50% at fault for the accident. If you see problems in a report, contact the reporting officer to cite your concern. When you believe strongly that the accident happened one way and that the report is wrong, it is up to you to try and clear up the facts with the officer who wrote the report.
Your Injuries and Percentage at Fault
Compensation in a personal injury lawsuit is determined by looking at the severity of your injuries, how much you have suffered, and how long it is expected to take you to recover. Once you have reached a medical end to treatment, your providers should be able to indicate whether you are permanently disabled or you can return to work. Once injuries are established, compensation is calculated based on all of your losses. Once a number is finalized, this number is then multiplied by the percentage you are not at fault for an accident. This means that if you are 40% at fault and you are awarded one million dollars, you'll receive a $600,000 settlement.
Contact a firm like True Guarnieri Ayer LLP to learn more.