There are several key components required in order to prepare a personal injury case with your auto accident lawyer. The first component has to do with the negligence and fault of each involved party. If one person is completely to blame for the accident, then you are able to seek up to 100 percent of the maximum amount allowed under the law. However, if you were partially at fault for the accident, the maximum amount is reduced by your percentage. For example, if you were 20 percent at fault, you could only seek 80 percent of the maximum amount.
The next key component required is being able to file a claim when it is monetarily beneficial. What this means is, if the other party involved in the accident does not have insurance, or does not own any real assets, then it might not be worth the effort to file a personal injury case through your auto accident lawyer. However, before jumping to this conclusion on your own, even if you already know the other party did not have insurance, it is still worth your time to schedule your free consultation and discuss your situation with an experienced attorney. Your attorney could discover through the police and accident reports that the other person’s vehicle had faulty equipment, such as defective tires or brakes. In this case, you may be able to file a claim against the manufacturer of those items, instead.
Another key component you need is evidence. You have to establish your case with supporting evidence to your claim. This could include gathering medical reports, hospital reports, police reports and accident reports. When you are able to substantiate your claim with evidence, the other party’s insurance company is more willing to try to come to a settlement, rather than going to court.