What are the 3 things YOU must prove in your personal injury claim?
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Three Things You Have to Prove in a PI Claim
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Gary: My wife and I were hurt in a car accident about a month ago. We were not at fault. I am ok but my wife is not. The other driver slammed into the passenger side door where she was riding. She is still treating with the doctor. We are already getting a lot of medical bills in the mail. If we hire a lawyer, what do we have to prove to be able to recover from the driver’s insurance company?
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Jeff in Decatur
Gary: My wife and I were hurt in a car accident about a month ago. We were not at fault. I am ok but my wife is not. The other driver slammed into the passenger side door where she was riding. She is still treating with the doctor. If we hire a lawyer, what do we have to prove to be able to recover from the driver’s insurance company?
Jeff – thanks for the question though I’m sorry to hear about your wife’s injuries and the wreck.
* Someone was negligent in causing the wreck (besides our client);
* This person’s negligence was the proximate cause of our client’s injuries;
This may sound somewhat complicated so let me break down each of these 3 elements for you:
When the defendant rear-ends your car because he did not get his brakes repaired, even though he knew they were not working properly, he is negligent.
Following too closely
Driver distractions due to using a cell phone or adjusting the radio
Failure to yield while turning left
Proximate Cause:
Once we prove the other driver was negligent, then we must show that this negligence was the proximate cause of your injuries.
You are at a complete stop at a red light.
Here is another example:
You have a green light allowing you to proceed straight through the intersection.
The Defendant is traveling in the opposite direction.
He does not see you and he attempts to turn left in front of your car and crashes into your vehicle. You sustain a broken arm and leg in the crash.
His failure to yield while turning left is the proximate cause of the collision and your injuries.
(3) Damages:
Medical bills, including:
-ambulance
-radiology
-medical doctors and specialists
-physical therapy
-prescriptions
Lost wages:
It can be very problematic, however, if someone misses time from work but is paid “under the table” and there is no record on the books. It gets even messier when there is no mention of this work on the tax returns.
Transportation costs
This is clearly money that is coming out of your pocket that you would not have lost if the car wreck never happened.
FUTURE medical expenses
The key component to making a claim for these future medical expenses is to get a doctor’s narrative addressing the medical needs, why they are necessary, how they were caused by the wreck, and the costs of the procedure(s).
The standard for proving future lost wages is simple, yet can sometimes be a difficult hurdle to overcome.
The way a jury measures future lost income is for them to determine what the plaintiff would otherwise have earned in his job or profession but for the injury.
The future lost earnings cannot be speculative and you must have documentation to substantiate your claims.
Sometimes the defendant’s conduct in causing the wreck or his actions immediately after the wreck are so egregious that the law allows us to seek additional damages known as punitive damages.
The purpose of punitive damages is to punish, penalize, or deter the Defendant from repeating the conduct.
For example, punitive damages can be sought in wrecks where:
– The Defendant causes a wreck and attempts to flee or does flee the scene of the collision.
There is a legal presumption under Georgia law that a person is driving under the influence if their blood alcohol level is above .08.
General damages are designed to compensate an injured victim for losses such as pain and suffering, emotional suffering, hardship, or inconvenience.
These damages are hard to quantify for everyone and are highly subjective, so the law instructs the judge or jury to assign these damages on an individual basis.
There is an old saying that “[T]he easiest pain to bear is someone else’s.”
There is a lot of truth to that statement.
It is a challenge to get a jury to understand the degree of pain and suffering someone experiences because of a wreck – especially when the injuries are not visible.
This is clearly one of those areas where an experienced personal injury attorney can help argue the specifics of your case to the insurance adjuster.
You have absolutely nothing to lose by calling a lawyer, but think of all you can lose if you don’t!
The consultation is FREE and completely confidential.
And I encourage you – if you don’t call us, please call someone to help you with your claim.
Personal Injury Law
