It is universally held that the party responsible for any accident compensates everyone who suffers injury or property loss. 

Nonetheless, apportioning liability in a personal injury claim can be a drawn-out process. We recommend hiring a personal injury attorney to argue your case. The attorney will advise you on your legal options and help evaluate all parties that might have caused the accident.

Determining Who Was At Fault For Your Accident

There are various ways you can identify the guilty party. These include: 

Police Accident Reports

They are often regarded as the most objective view of the accident situation. The best part is that almost all police reports conclude with the investigating officer’s opinion on who caused the accident. 

However, it is essential to note that police reports are not always correct and can be challenged in court. So, seek your attorney’s advice if you plan to use a report in your case.

Eyewitness Testimonies

Eyewitness testimonies could be extremely helpful if you choose to pursue a claim. Multiple witness testimonies supporting your case can overrule a police report in a court of law.

Accident Reconstruction Expert 

If there were no eyewitnesses, or you couldn’t identify any witnesses, you may want to involve accident reconstruction experts. 

These professionals will visit the scene, take necessary measurements, and do mathematical analysis to determine the at-fault party.

What Type of Damages Can You Seek from The Negligent Party?

Generally, the party whose negligence resulted in the accident will be liable for economic and non-economic damages. 

Apart from the medical bills – which include physical therapy and psychological support – other economic damages you can seek from the negligent party include:

Lost Wages – It is well within your rights to be financially compensated for all the paychecks you missed and the income-generating activities you had to pass up when you were recuperating after the accident. 

Future Lost Wages – If you cannot work anymore, you may be owed some compensation for the wages and income you are likely to miss out on due to your incapacitation.

Long-Term Medical Expenses – Depending on the scale of your injuries, you can also seek damages to cover the costs of future treatments. This is especially so if you have some follow-up medical procedures lined up or need dedicated personal care for the foreseeable future.

Non-economic losses that you can seek compensation for include;

Disfigurement 

Being left with large scars or disfigurement can affect your body image and esteem, and you are therefore supposed to be compensated for it.

Pain and Suffering 

No matter their severity, injuries can leave you in deep pain, emotional distress, and discomfort, affecting your quality of life. 

PTSD 

Surviving a horrific motorcycle accident can leave you mentally scarred and suffering from post-traumatic stress disorder (PTSD) levels. However, you can seek compensation, although you may have to do some psychological tests beforehand.