How to Determine if You Have a Strong Car Accident Case

KEY TAKEAWAYS 

• Learn how some key factors strengthen a car accident case
• Discover the importance of clear liability and collecting documents
• Understand how taking immediate medical treatment helps in making a case stronger

Did you know that according to the World Health Organization, road accidents are responsible for at least a million deaths and between 20 to 50 million injuries every year? 

The data is shocking, but it’s true, and even after that, not many people know what to do after surviving a car accident or whether their case is legally strong or not. 

You need to understand that not every accident case can end up in compensation. You have to make a solid claim, and to do this, you have to have proper documentation, provable damages, and many other important things. Talking to experienced car accident attorneys from Wilshire Law Firm can help you throughout the process. 

Let’s discover some important elements that make a case more strong after an accident so that you can make the right decisions before it’s too late. 

Key Factors That Strengthen a Car Accident Case

You have to learn about some factors to make your case more strong. These factors not only help you get compensation, but they can also decide how negotiable it will be. Here are some of those elements: 

1. Clear Liability

The first thing that should be done in any accident is to clear liability. In simple words, who is responsible for the accident. So, to make your case strong, you have to come up with proof that the other party caused the accident because of negligence.  

Here are some common examples of driver negligence:

• Speeding 
• Distracted driving
• Running red lights or stop signs
• Driving while drunk or high 

Now, to prove the other party’s fault, you can use police reports, witness statements, and traffic camera footage. California follows California Civil Code §1714. According to this, if you are partially responsible for the accident, you will still get the money for your damages, but some amount will be cut.

2. Documented Injuries and Damages

If you want to make your case strong, you need proof of your damages and loss. In this, not only physical damages are included, financial damage and emotional damage can be a part of it too. 

Try to collect proof of the following things: 

• Emergency room visit and hospital record
• Diagnoses and treatment plan
• Prescription and therapy records
• Lost income because of time away from work
• Approximate cost of repairing your damaged vehicle 

These details will help you prove your claims and also save you from getting an unfair amount. 

3. Immediate Medical Attention

If you wait for too long to get medical treatment, it will make your case weaker. In some cases, when accident survivors delay their treatment, insurance companies say that the injuries were not serious or not related to the accident. 

So if you want to avoid this situation, immediately go to a doctor, as it will also help you get a medical record that you can later use in making your case stronger. 

4. Insurance Policy Coverage

The amount of compensation depends on the insurance you have. California law says drivers must carry basic liability insurance (California Vehicle Code §16056), which includes: 

• $15,000 for injuries/death of one person 
• $15,000 for injuries/ death of more than one person 
• $5,000 for property damage 

5. Timeline and Statute of Limitations

According to California law, if you have had an accident, you have 2 years to file a personal injury case (California Code of Civil Procedure §335.1). If you miss this timing, you can’t get any compensation, no matter how strong your case is. 

But if you act quickly, your legal rights will be protected, and you will easily access the proof and witnesses. 

Final Thoughts on Case Strength

If you want your case to be strong enough to get a fair amount in compensation, you have to start building your case from the very start. Clearing liability is very important, and so is collecting damages and loss proofs. 

Also, before anything goes wrong, check what your insurance policy covers, and if, unfortunately, something happens, don’t delay; file your claim immediately because the more you delay, the weaker your case will become. Don’t step back to reach out for support when you need it. 

Frequently Asked Questions

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