Seeking a Legal Remedy After a Motor Vehicle Accident

A serious collision on the road can be a tremendously upsetting and disruptive event. The pain that you experience from a major injury is both physically and emotionally traumatic. The ordeal of the recovery process is going to be a challenge, and it’s going to require your full attention to detail. Amid everything that’s happening, you may be understandably worried about what lies ahead and uncertain about the steps that you should be taking to pursue a remedy. Here are a few key considerations about pursuing compensation in the aftermath of a motor vehicle accident.

Identifying and Preserving Evidence Is Crucial To Your Cause of Action

Your ability to access a meaningful remedy could wholly depend on how effectively you garner evidentiary support for your claim. You’ll need evidence demonstrating how the accident occurred as well as medical records and other materials detailing your injuries.

An accident attorney can assist you with identifying information that’s relevant to proving your damages. You’ll have to gather documentation about how the event has impacted you financially. Relevant information could include bills for medical treatment, damage estimates for your vehicle, or receipts for other personal property in your vehicle that sustained damage during the collision. If you’ve had to miss work, organizing records about your income such as pay stubs or tax returns will be useful in calculating the value of your lost wages.

There May Be More Than One Party at Fault

In a two-car collision in which you were not at fault, the responsible party may seem entirely straightforward. Presumably, the other driver who negligently caused a collision is likely to be liable to you. However, you ought to consider that there may be more than one party who you could seek compensation from.

Accidents that occur while a person is driving within the scope of his or her employment could make the employer liable. Commercial drivers who work for a delivery company or a service company that operates at multiple sites, for example, are on the road as a part of their regular job duties. This means that the company that employs them may bear legal responsibility for their personnel’s negligent conduct on the job. In these types of situations, attorneys and insurers may be curious to learn about an employer’s safe driving policies, vehicle maintenance procedures, and individual drivers’ accident histories.

You Must Initiate a Claim Before Your Legal Rights Lapse

Every jurisdiction has statutory law imposing a time limit on claimants’ standing to pursue a legal remedy in court. After the statute of limitations has run out, a court would have to summarily dismiss a plaintiff’s complaint and demand for damages.

The only thing that stops this clock from running out is filing a claim in court. Initiating a dialog with an insurance company or entering into settlement negotiations with the responsible party’s legal counsel would not toll the statute of limitations.

Ultimately, attaining a legal remedy could be beneficial for your recovery. Having more resources and fewer worries will help you persevere.