Sustaining pain or personal injury in a car crash or any other vehicular accident in Miami enables you to claim damages from the insurance company.
If you hire an experienced attorney, you can get a higher payout for damages. Your lawyer should have a proven track record of cases of lawsuits for damages settled in favor of the client. In case you are curious about personal injury rules, learn more here.
The success of winning personal injury lawsuits depends on determining liability after the accident.
Here are five steps to determine the liability after a personal injury in Miami:
Prove Your Innocence
The primary thing you should keep in mind is to take the first step in proving your innocence. It means the driver of the other vehicle or car was at fault for wrongful driving. You can prove that it legally establishes that you have been following all road safety rules.
You can also argue that you were not intoxicated, not listening to a song with an earplug, or talking to someone while driving.
Driver Violated Traffic Laws
Your attorney can establish legally that the other driver was not following traffic laws. The case will strengthen if it proves that the at-fault driver violated traffic rules.
- The driver was drunk or driving under the influence of alcohol
- They could not control the steering wheel because they were talking to someone who caused the mishap.
- The driver was listening to a song or Music using an earplug, thus diverting their attention while on the steering wheel.
Inform the Cops
The Police report of the accident is essential to prove your innocence in the case. It also helps fix the accountability of wrongful driving to the other driver.
No insurance company will pay for the damage without a copy of the police FIR exonerating your involvement in the case. In the absence of a Police report, you cannot expect compensation from the insurance company or the defendant.
Documentary Evidence of Your Injury
After a car crash, you must legally establish the extent of personal injury or pain suffered by you. You have to show the importance of bodily damage or injury sustained.
You can use the certificate issued by the nursing home or hospital where you have been undergoing treatment after the crash.
The following documents can come in handy in such a situation:
- A document mentioning the number of days you had to stay in the hospital for the treatment of a particular injury
- An X-ray report or CT scan report to confirm you’ve suffered an internal injury, including a brain hemorrhage or any damage to soft tissues
- A doctor’s prescription to mention the nature of the external injury sustained by you
Conclusion
After a crash, you have to legally establish that you have suffered pain due to the wrongdoing of the other driver. You have to build up your case by adopting the steps mentioned above.
