If you have been in an accident with another vehicle, and it is clearly the fault of the other driver, you should be able to take this person to court and get some type of settlement if you were injured, and there are police reports and hospital records to substantiate your claim, your lawyer should have no problem obtaining a settlement from their insurance company. There are times, however, where you may not be able to get a settlement from this type of situation. Here is a quick overview of how this process works, and ways in which you may not be successful.
How To Make Sure You Win Your Personal Injury Case
There are certain procedures that you need to do prior to filing for your settlement. Before you work with any attorney that can help you, they need a few things. First of all, the moment that the accident happens, the police need to be called. A police report needs to be filed officially. Second, you need to get medical treatment which will be documented. This will provide you with physical proof of your injuries. At the same time, there should be images taken of your vehicle, and also the bodily injury or injuries that you have sustained. This will all work in favor of helping you to win your case.
Is It Possible That You Could Lose Your Case?
It is possible that you may lose your case for a couple of different reasons. First of all, if it is clearly shown by the police that it was your fault and not the other driver. Second, if you do not have all of the documentation that has been mentioned to support your claim, there is the possibility that your situation may not be convincing to the judge. Finally, if you do not retain a lawyer to represent you with this type of case, then you may be facing an uphill battle. Judges like to see people have legal representation, and if you do not retain an attorney that can help you with this matter, there is a high probability that you may lose your case.
When Can You Not Sue For Personal Injuries?
The only time that you can definitively not sue for personal injuries are if you have been arrested, at the scene of the accident, with a DUI. If you are intoxicated, and this is documented, there is no way that you would be able to pursue this case. It is not possible for people to win a case where they are at fault, let alone if they were drunk and actually cause the accident. This is the one time that there is no leeway at all, and you will likely end up being the one that pays for the damages that you have cause.
Unless you are intoxicated, and the person that caused the accident, then you should have no problem pursuing some type of lawsuit to get a settlement for your injuries. If it is clear that the other person was at fault, then this is something that you can use to your benefit to obtain money for time lost at work, medical expenses, and the replacement of your vehicle. However, if you were arrested with a DWI or DUI at the scene of the accident, then there is no hope of ever receiving a settlement and you should not pursue litigation.