Do you know how to know if you have an auto accident lawsuit? For anyone involved in a car accident that is not or is only partially their fault, knowing whether or not they should file an auto accident lawsuit is an important question.
If you or someone you know is wondering whether they should file a car accident lawsuit, consider the following basic requirements for an auto accident claim.
Requirements for Car Accident Claims
Negligence. In order for you to sue someone through an auto accident claim, there must be a party that was responsible for your injuries through negligence. It’s important to note that this doesn’t always have to be another driver. If you were in a car accident because you hit a particularly bad pothole or misunderstood a poorly placed street sign, you may be able to file an auto accident lawsuit against the state.
In general, if:
- an accident occurs due to a driver’s negligence, fault rests with the negligent driver
- an accident occurs due to a faulty part or automobile defect, fault rests with the automobile manufacturer or supplier
- an accident occurs due to poorly maintained roads, signs or traffic control signals, fault rests with the state or governmental entities responsible for maintaining those public properties
Personal injury due to negligence. In order for you to pursue a car accident lawsuit against a negligent party, you must be able to prove that their negligence was the cause of the accident that caused your injuries.
Harm. Finally, in order for you to file a car accident claim against someone, you must be able to prove that their negligent behavior resulted in personal harm. It is this harm (whether it be physical or emotional) that entitles injury victims to compensatory damages for their suffering. Compensatory damages may be awarded for medical bills, pain and suffering, lost wages, lost earning potential, and more.
Get a Free Legal Consultation to Determine If You Have a Car Accident Lawsuit
If you have been in a car accident and are unsure if you have a case for an auto accident lawsuit, call personal injury lawyer Karl Gebhard. He offers free, no-obligation consultations for car accident injury victims throughout the Milwaukee area. All services offered on a contingency basis.
For your free consultation, call today at 414-873-6550.