If you are looking to receive money for your injuries in a car accident just being in an accident is not enough. Once you decide to bring a claim, you have the burden of proof, and there are 3 essentials that you must show to be successful:
Number One: Negligence – Being injured in an accident is not enough. The other driver had to do something wrong. It's easy to show negligence if you are stopped at a traffic light or stop sign and you're rear-ended, however, negligence may not be so clear when whether is involved or there are disputed facts. Once you show that the other driver is at fault, and then we jump to number three.
Number Three – Damages – which are your losses. It can be medical bills or lost wages because of your injury. It can also be loss of your quality and enjoyment of life, or pain and suffering. Now let's look at Number two, which is a little complicated. It is the legal concept of causation. This is the bridge between negligence and damages. You have to show that the accident caused or substantially contributed to your injuries. Causation is the area that insurance companies and their lawyers fight all the time. They always try to argue that it was something else that caused the need for the medical treatment. Instead of the current accident, they will point to an accident that happened five or ten years earlier or they will argue that your problem is related to some underlying arthritis.
What is the moral of this story? If you have clear-cut facts related to the accident and you have lived a pristine life with no prior accidents or medical conditions then you shouldn't have a problem with the insurance company. On the other hand, however, if you have lived a life and have some prior issues and medical treatment, you have to be careful with the insurance company and their lawyers because they will use this against you.
If you have any questions about an Indiana car accident claim, you can call our Michigan City car accident attorneys at Guy DiMartino Law at (219) 690.8997