If you have been injured in an auto accident or a family member died because of someone else’s carelessness, you are probably wondering whether you have an auto accident claim. In order to recover monetary compensation, you must prove three things.
Three Basic Requirements for an Auto Accident Claim
1. The responsible party was careless (negligent). For example, if a car driver crashed into another vehicle or an innocent pedestrian because he ignored a stop sign, the car driver, under the law, would be considered negligent.
2. The negligence led to the personal injury. In the above example, if the innocent victim sustained a broken leg and severe back pain as a result of the crash, the auto driver’s negligence would be considered to have caused the personal injury.
3. The personal injury resulted in harm (compensatory damages). In the above example, if the innocent victim’s broken leg and back pain resulted in medical bills, lost wages, and/or pain and suffering, the injury would be considered to have resulted in compensatory damages (i.e., damages for which an injured party may be compensated). Click here to learn more about these and other types of compensatory damages.
Important Factors in Determining Who Is Legally at Fault
Courts will review many factors to determine what caused your accident and who may be responsible for paying your damages, as shown in the following table: