The Components of a Successful Car Accident Claim
No personal injury attorney can promise you a successful case. Each case is fact specific and dictates how the claim develops. No lawyer can promise you a specific monetary award. If any attorney does make such a promise, they are being unethical. However, what a good accident attorney can do is use his years of experience as a personal injury attorney to identify the common factors of most successful accident claims. Without identifying these factors, your attorney will not be able to successfully handle your claim.
Legal Elements of a Car Accident Case
In order for your car accident claim to be successful, you or your attorney will need to demonstrate four elements. Proving these four elements will not guarantee a successful result, but if one element is missing, it will pretty much ruin your case.
The elements you will need to prove are described below:
- Duty: Your car accident attorney will need to prove that the party who is responsible for your injuries owed some sort of duty to you. In motor vehicle collision cases, the element of duty is as simple as safely operating a car. However, the precise nature of the duty motorists owe each other is determined by the circumstances involved.
- Breach: In order to successfully sue someone, you need to demonstrate that the individual you are filing the claim against breached his or her duty in some way.
- Causation: Your attorney will also need to prove some sort of connection or causal link between the accident and the injury you suffered. For example, your attorney will need to prove that the other party’s speeding above the posted speed limit caused the injury you sustained in the resulting accident.
- Damage: At the most basic level, personal injury law is designed to compensate victims for the injuries they have suffered. As such, your car accident attorney will need to prove that you suffered some sort of injury, whether it is physical, financial or emotional.
Helping Your Own Case
Good lawyering is important in proving the elements discussed above. However, you can also take certain actions that will help the long-term prospects of your car accident claim. These include:
- Seeking immediate medical attention after the accident and following the direction of all of your treating physicians
- Documenting everything, especially at the scene of the accident
- Not admitting fault at the scene of the accident
- Not speaking with insurance carriers or anyone else associated with the accident without first consulting with an experienced car accident attorney
Call an Experienced Car Accident Attorney In New Jersey
If you or someone you know has been seriously injured in a car accident that was caused by the negligent or reckless actions of another party, you need to make it a priority to look for an experienced car accident attorney who will work hard to help you seek the damages from the parties responsible for your injuries.
For more information or to schedule a complimentary consultation with a New Jersey car accident lawyer, please call the Law Offices of Dan T. Matrafajlo at (908) 248-4404.