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How to File a Car Accident Claim

Sailun Tires

Internationally the United States is renowned for the high amounts awarded in personal injury claims. In comparison to most countries, awards are significantly higher, sometimes even ten-fold higher.

If you look at the top 20 personal injury settlements in California, you will see that the range is from $2.95 million to a staggering $11.25 million.

If you have been involved in a car accident, you may be wondering if you are entitled to compensation. You may well be, but this is not a foregone conclusion by any stretch of the imagination.

We reached out to a prominent Palm Desert car accident attorney at the firm Nadrich & Cohen Accident Injury Lawyers to get a realistic look at personal injury claims and what you need to consider before filing a claim. Read on to learn more.

Important factors to consider

So you have been injured in a car accident. Before concluding that you should pursue a personal injury claim, there are several factors to consider.

The nature and extent of your injuries

If you have suffered minor injuries with no long-lasting effects, pursuing a personal injury claim is not worthwhile.

However, if you have suffered severe injuries and potentially face protracted medical treatment and bills, then you may have a claim worth pursuing.

Injuries on their own are not sufficient to ground a claim.

Were you 100 percent at fault for the accident?

If you were totally or mainly at fault for the accident, you might be prevented from bringing a claim for personal injury. Your attorney must be able to prove that somebody else caused your injuries.

The accident that caused your injuries must be either totally or partially the fault of somebody other than yourself.

However, if you were only partially at fault, you may still be able to sue for personal injury, and the award would be adjusted pro-rata in line with the fault assessment by the jury.

What you allege must be proven

In law, everything you allege must be proven. Each case is decided on the merits, and the merits are established on what could be proved as true.

You could build a fantastic claim, but without proving what you are alleging, you will not have a case. This is why it is critical to build your case with documented evidence that supports your claim.

For instance, if you left the accident scene before the police arrived and failed to give a statement and get a copy of the police report, your case could be prejudiced.

If you unequivocally state that you are so sorry for causing the accident, that you are liable and will make good any damages, this could prejudice your case later. Do not make any admissions at the accident scene. Such statements can be used against you in court and could severely prejudice your case.

Do not massage the truth

Tell your lawyer the absolute truth of what happened. Do not withhold any information you think may be prejudicial to your case. Your lawyer will decide on the weight of any evidence.

Many people sugarcoat the truth, only to be exposed in court. If you have not been upfront with your attorney from the beginning, you cannot expect them to represent you to the best of their abilities.

Still think you have a claim? What now?

If you still believe you have a claim, go on down to a highly specialized and experienced attorney for a consultation.

They will assess your case and advise whether you have a claim or not. This consultation is absolutely free.

If they decide they are prepared to take on your case, they will do so on a contingency fee basis. This means you only pay if you win, and the payment is made from the award.


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