The Criteria for Suing After an Accident You can’t sue just because you were hit by another driver and received injuries. Several elements must be present in order to pursue a personal injury claim. They are listed below. Damages Accident cases that have damages less than 10,000 dollars are small claims cases. You don’t need a lawyer in small claims court and in fact they are prohibited. And you are not allowed to recoup any expenses for any consultation you may have received for your small claims case.
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Cases at the small claims level also have different criteria. Because the people filing in small claims court are laypeople, who are not represented by lawyers, the court system is much more lenient. Basically, anybody with the money to file the proper paperwork can file a claim in small claims court. Not until the damages in a case exceed 10,000 dollars is it necessary to concern yourself with hiring an auto accident attorney or if your claim meets the standards of a personal injury suit.
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Negligence Negligence is another element that must be present in a major claim of personal injury resulting from an auto accident. Just because someone it’s you doesn’t make them negligent. It must be proven that they disregarded their duty to care in some way. Someone having a seizure while driving is a good example of how someone can cause an accident but not be negligent. It is also important to note that negligence is not something that has to be attributed to only one person. Two drivers could be found negligent after an accident with varying amounts of negligence associated to each one. The amount of negligence attributed to a driver will affect how much they can be award for their damages. For instance, if a claimant contributes 50% to an accident the most they could ever be awarded is 50 percent of their damages. The laws regarding the amount of contributory negligence a person can have before they are no longer able to sue vary across the nation. Some states do not allow you to sue if you have contributed to more than half of the negligence while others allow people almost entirely at fault to still sue for their damages. Causation Causation is being able to make the connection between an accident and injuries. To most people, it seems as if causation is obviously but it isn’t always so obvious. If someone is pulled out of wrecked with a broken leg and gash in their face, the causation would be pretty clear. However, some injuries are not as apparent. If you suffer memory loss, following an accident, your auto accident attorney may need to work a little harder in the causation department.