HOW TO PROVE YOUR DAMAGES AFTER A CAR CRASH

In 2020, more than 70 Georgia drivers received bodily injuries from automobile accidents every single hour. The numbers add up to 1,700 every day and 600,000 injuries in a year. If you were a part of these statistics, chances are you may be seeking compensation for injuries and monetary damages sustained from your accident. Unfortunately, even if you are the innocent victim, seeking compensation is not a walk in the park as you are obliged to prove both your physical and financial injuries.

First and foremost, you must prove you were not at fault for the accident.

When you make a third-party claim against the other driver’s liability insurance, you will have to prove that the other driver was at fault for the accident. Were you driving carelessly? Were you somewhere you were not supposed to be? Were you doing something illegal? Were you neglectful of your safety by not properly maintaining your car? If your answer to any of these questions is “Yes,” then the value of your claim can be greatly diminished. Basically, if you fail to exercise reasonable care for your own safety, you may be subject to Georgia’s contributory or comparative negligence rules.

You must seek medical attention, if necessary

To receive compensation for physical injuries after a car or trucking accident, seeking immediate medical attention is crucial to establish that the accident was the direct cause of the injury. The presumption is if you do not seek medical attention as soon as possible after a collision, your injuries are minor or were the result of something other than your accident.

Prove your physical injuries were directly caused by the accident.

Chances are, the other driver or the insurance company you are trying to obtain compensation from will try to claim that your injuries are a result of a pre-existing medical condition. If you have no such pre-existing conditions, you can show your medical records and provide testimony from a doctor regarding your health status before the accident. But if you have a pre-existing condition that could be used against you, you will have to establish that the accident made the pre-existing condition worse.

Prove Lost Income

For medical bills or damage to property, proving financial injury can be as easy as adding up the receipts. But, a physical injury can also cause both physical and mental damage that may lead to reduced or lost earning capacity. Earning capacity is the amount of income you could have made if not for the physical injuries you sustained from the accident. To prove its income loss or reduction, you must first establish your earning capacity before the injury and be able to clearly compare it to after you were injured. You may show this by presenting your wage history, tax records, and accounting receipts.

As if it is not bad enough that another person’s negligence has caused you physical pain and financial loss, the exhausting personal injury claims process can make you feel worse. Don’t worry; the experienced legal professionals at Council & Associates can help you. Contact us now for a free case review.

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