3 Elements That Must Be Present To Receive Monetary Compensation For Your Injury
If you're injured in an accident, you may want to sue for monetary compensation. However, you do not automatically have a case that will win you a verdict in court or one that you can settle with an insurance company. There are several elements that must be present for you to get compensation for your accident. The following are among the most important.
The fault of the accident must the fault of business or person
This can be a business, a residential property owner, or a car driver, but you must show negligence by someone. It's not enough that you got hurt. You need to demonstrate that it was someone else that caused your accident through negligence or an intentional act. There are many possibilities. It could be a business that did not maintain its property, which causes you to slip or fall. It could also be an employee who was negligent in doing their job, but you must demonstrate that without negligence, you would not have been injured.
You need to have proof that you were injured
Not only should your injury be through negligence, but it should be in a timely manner. An opposing attorney may accuse you of being injured at a later time, and that it had nothing to do with the accident. For this reason, you should seek medical attention immediately after your accident. Even if everything seems alright or like you had a minor injury, it is possible that your injury can become more serious over time. If you went to the doctor after you were hurt, it is easier for your attorney to show the severity of development in your health stemmed from that original injury. From the time of your injury, you need as much documentation as possible to assist your lawyer in winning your case.
You need to identify assets for your compensation
This is something that a personal injury attorney will do. Even if there's negligence involved and you can prove your injury, there needs to be money that can be collected. A driver of a car may be uninsured, or a business may not be carrying the insurance that they're legally required to carry. However, even when there is no insurance, there may be other sources of compensation for your injury. An attorney will be able to look at all the options open to you, such as the assets of a business or an individual.
To get compensation for an injury accident, you must show some form of negligence that led to your injury. You will also need proof of your injury and that it happened at the time you say it did. An attorney will also need to identify insurance or assets of the negligent party to be used as payment for your injury.
Reach out to a lawyer, such as Todd East Attorney at Law, to learn more.