When you are in a car accident, it can feel like a huge burden. Many factors are at play, including insurance, police reports, and medical bills. You might wonder how to prove your case, if you were injured in an accident that wasn’t your fault. A lawyer can help guide you through the process of filing a claim against the party responsible for your injuries.
The first thing you need to do is make sure you have the necessary documentation for your claim. Here are some of the critical documents that can help:
• Police report: A police report is one of the most important documents when filing an accident claim. It includes information about what happened at the time of the accident, witness statements, and other evidence gathered by officers at the scene. In addition, if someone else was involved in your accident, they will have a copy of their police report on file with their insurance company or local police department.
• Medical records: If you were injured in an incident where another party was at fault, then these records will be essential in helping you prove that you were hurt and why they should pay for it through their insurance company. This includes medical bills from emergency room visits or follow-up appointments with doctors or therapists who specialize in treating injuries sustained during car accidents.
Your injury lawyer in Oshawa will inform you of any deadlines or other requirements that must be met by law so that there are no delays in your case being resolved or settled once it goes to court, if necessary. The elements of a car accident claim are:
• Duty: The law imposes upon the driver of a vehicle a duty of reasonable care for the safety of all persons who may be affected by the operation of that vehicle. The duty owed extends to anyone who can reasonably be expected to be affected by the driver’s conduct, including passengers and pedestrians.
• Breach: A breach occurs when a driver fails to exercise reasonable care in operating their vehicle, causing an accident that results in injury or property damage.
• Proximate Cause: To prove proximate cause (i.e., that the driver’s conduct was the actual and legal cause of the accident), you must show that there is no intervening cause between the driver’s conduct and your injury/damage.
• Damages: These include pain and suffering, lost wages and medical expenses associated with treating your injuries. Physical injuries also include permanent disabilities resulting from an accident that requires ongoing treatment.
A lawyer will also give advice about how to proceed with any insurance claims or lawsuits if needed so that they can be filed on time and won’t be dismissed due to lack of legal compliance or other reasons.