accident.com logo
Free Consultation
Calipso
Intro
Home
drop down icon
Home v.1Home v.2Home v.3Home v.4Home v.5Coming Soon
Pricing
drop down icon
Pricing v.1: ComparisonPricing v.2Pricing v.3Pricing v.4
Blog
drop down icon
Blog v.1: List & SidebarBlog v.2: Grid & SidebarBlog v.3: Big GridBlog v.4: Medium GridBlog v.5: Small GridBlog Post
Pages
drop down icon
Contact v.1Contact v.2Privacy Policy404 PageProtected PageStyle GuideLicensingChangelog
Components
drop down icon
FeaturesCall to ActionTestimonialsPricing TablesFooters
Homebread crumbs arrowResource Centerbread crumbs icon What to do After a Car Accidentbread-crumbs arrow
Post
What to do After a Car Accident

How Do Car Accident Attorneys Decide to Take a Case?

6 mins
star icon
twitter sharing icon
...
facebook sharing icon
email sharing icon
Jack C

Injury lawyers like to take strong cases that they're sure they can win for their clients. If you've been in a car accident, the more evidence you have, the stronger your case will be and the easier it will be for your accident attorney to help you.

While we hope you haven't been in a car crash, Accident.com is here to help if you have. When navigating your injury claims, it's important to know what information a lawyer needs to get you the most compensation.

car accident
Call (855) 943-5556 For a Free Case Consultation Today

What You and Your Car Accident Attorney Need to Prove

To win a car accident case, you and your lawyer need to prove that the other driver was negligent. “Negligence” is the failure to use ordinary or reasonable care. You also have to prove that their negligence harmed you and in what way. More specifically, your lawyer needs to prove the following:

  1. Duty: The other person must have owed you legal duty. A state’s basic traffic laws usually define what duty covers. Duty may include the laws to follow road signs and signal all turns.
  2. Breach: The other person breached their duty. In other words, the other person didn't do what they were supposed to do. If the other person broke a driving law, that person was negligent. You may still be able to recover for someone else’s negligence even if your actions also contributed to the crash. However, state laws vary. Accident.com will connect you with a car accident attorney near you who's familiar with the relevant laws.
  3. Damages: You were injured in some way (physical injury, car damage, lost wages, etc.).
  4. Causation: The other person’s negligence caused your injury, and you wouldn't have been injured without their actions.

A personal injury lawyer will weigh the likelihood of winning a case with the amount of money they could recover for you. You pay these lawyers a "contingency fee." This fee means the lawyer gets a pre-set percentage of the recovery amount.

So, a lawyer might accept a case that has questionable “negligence” if the damages are significant. Many lawyers also accept cases that have clear negligence with small damages. This is the same type of analysis you may make in deciding whether it's "worth it" for you to go through the hassle of a claim.

A personal injury lawyer knows the risks and rewards, and they will help you make the best decision for you. Here are just a few tasks that an accident attorney can help with:

  • Investigating accidents so all of the right information is considered.
  • Helping you understand the legal lingo.
  • Protecting your rights.
  • Ensuring you get fair compensation.

Because each case is unique, reach out to Accident.com to find a lawyer who can help with your specific situation.

The Information a Lawyer Needs

To prove negligence, a car accident lawyer needs a few documents. Here's some information a lawyer needs to help them determine if they should take your car crash case.

Doctors and Medical Treatment

The person filing a personal injury claim must prove they were injured in the crash. This task starts with your medical records. It's important to get medical treatment right away for your injuries. It's also important to follow your doctor's instructions. If your doctor refers you to a specialist, go see the specialist. If your doctor says you should follow up with her in two weeks, schedule a follow-up appointment before you leave her office! Such actions are critical not only for your health and well being but also for you to successfully recover for your injuries.

Also, remember to check in with your doctor even if you feel okay. You may have hidden problems that can affect your health and your case. Make sure your doctor knows the full extent of your injuries as well. Detailed and complete medical records help prove the truth of your injury. Plus, if you wait too long to see a doctor, it's easier for insurance and juries to believe the injury is unrelated to the accident, making it more difficult for you to get the compensation you deserve.

Your doctor will create written records about your injury, the treatment and its cause. These records are crucial in proving that you were injured in the car accident and what those injuries were.

If the claim turns into a lawsuit, your doctor may testify as an expert about the treatment they gave you. The doctor may also speak about the cause of the injury and any future treatment you may need.

What about underlying conditions?

If you have an underlying medical condition that the crash makes worse, it's really important to tell your doctor (and this is information a lawyer needs). Explain how the condition has changed since the crash and why you think it was because of the crash. You're still entitled to the full damages you sustained in the crash even if your pre-existing medical condition made your injury more severe than a different, healthy person would have sustained.

Accident.com can connect you with a qualified car accident attorney who knows how to use medical records to your benefit.

Police Report

A police report is important information when filing an auto claim. A well-written and detailed police report will have information on the accident conditions, impact angles and the officer's judgment on who was at fault. This report helps prove whose actions caused the crash.

Without this proof of what happened, any claim you file may quickly become a game of "he said, she said" that can leave you taking care of the cost of repairs yourself. Even if you feel unharmed, it's important to call the police so they can respond and make a proper report.

Photos and Videos

Photos and videos of the accident scene give compelling visual proof that can support your case, especially if there was a lot of vehicle damage. Pictures and videos can also help clarify how the collision happened, which is important information a lawyer needs. Unlike memories, photos don't fade over time, so they can be good evidence.

Videos and photos are also objective evidence about damages, such as images of your injuries and surgeries. Ultimately, a jury may decide on the facts of your case. Photos and videos are a good way for the jury to know that you're telling the truth.

Proof That Someone Else Is At Fault

A clear violation by the other driver, such as speeding or driving under the influence, is a great advantage to your case. Sometimes a police report mentions this violation. Other times the at-fault driver admits it at the scene or their insurance company “accepts liability.” If someone else was clearly at fault, a car accident attorney has a much easier time working the case in your favor.

Don't Wait to Seek Help

Some information makes a car accident case more compelling for a lawyer to pursue. Gather the information a lawyer needs to let them more easily help you get the compensation you deserve. Accident.com is here to help you find an attorney. Don't wait any longer. There are strict time limitations on when you may file personal injury claims.

‍

Speak to a Lawyer Near You.
Choose Accident Type
Car AccidentInjured PersonConstruction WorkerJudge's Gavel
Car Accident
Workers Comp
Slip and Fall
Wrongful Death
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Auto Accident
hKj3HFOT
Auto Accident
https://assets.website-files.com/5d51b2f2cab8feda6f5631e4/5ee9111ec05401c2cf556bba_5d51b4f777dd508c436c6529_accidentCom_auto_accident_orange.png
Auto Accident
Personal Injury
uVlIHSWF
Personal Injury
https://assets.website-files.com/5d51b2f2cab8feda6f5631e4/5eea6d38a8bb05add3e7baaa_5d51b4f777dd5015336c6526_accidentCom_injury_orange.svg
Personal Injury
Auto Accident
hKj3HFOT
Motorcycle Accident
https://assets.website-files.com/5d51b2f2cab8feda6f5631e4/5ef0c2ae0217605081652a99_noun_Motorcycle_3355458-2.png
Motorcycle
Wrongful Death
YeAw7X
Wrongful Death
https://assets.website-files.com/5d51b2f2cab8feda6f5631e4/5eea6dd1236925a821b50289_5d51b4f777dd507a396c6522_accidentCom_wrongful_death_orange.png
Wrongful Death
Tagged:
File Accident Claim
twitter icon blue
facebook iconlinkedin icon
Free Car Accident Consultation
form icon
Free Case Review

Submit a contact form via desktop or mobile device. Our algorithm will connect you to an injury attorney located near you.

Find Lawyer
Related Articles
What to do After a Car Accident
Car Not Working After Your Accident? Rely on Your Roadside Assistance Program
What to do After a Car Accident
Sharing Contact Information at the Scene of a Car Accident
What to do After a Car Accident
A Picture Is Worth a Thousand Words - Document everything
Categories
blog category legal icon
Top News & Press Releases
blog category legal icon
SSDI Benefits
blog category legal icon
Case Studies & Infographics
blog category legal icon
California Resources
blog category legal icon
Workers Compensation
blog category legal icon
Medical Malpractice
blog category legal icon
Legal Resources for Car Accidents
blog category legal icon
What to do After a Car Accident
Get Max Compensation
maximum compensation money icon
Free Legal Advice

We connect you to a top lawyer near you. Your lawyer will immediately contact you for a free, no obligation, case consultation.

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Speak to a Lawyer
Note: Accident.com’s editorial content is not written by a Lawyer. It’s intended for informational purposes and should not be considered legal advice.
More Posts

Additional Resources

What to do After a Car Accident
Ask Witnesses What They Saw - and Record It!
If you were in a car accident that wasn't your fault, it's important to talk to witnesses at the scene and gather evidence. Then contact Accident.com and connect with a personal injury attorney.
calendar icon
Feb 25, 2021
user iconJack C
What to do After a Car Accident
After an Accident Should You Speak to Anyone Before You Speak to Your Lawyer?
After an accident, you will likely have to speak with others before you speak with your attorney. If so, ensure that you know what to say and what not to say for your own legal protection.
calendar icon
May 11, 2020
user iconJack C
What to do After a Car Accident
Safety First - Move Your Vehicle to Another Location
Accident safety: After a car accident, it is important to take pictures and photograph the scene, but you must remember safety first. Contact Accident.com and connect with a personal injury attorney.
calendar icon
Mar 3, 2021
user iconLaura G
thumbnail view all articles
Explore ALl Posts
Contact Us

Get in Touch

Please fill out the following form and we’ll be in touch with you in less than 24 hours.

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Calipso
HomePricingBlogAboutContact
Buy Template
Carefully crafted by Elastic Themes
Powered by Webflow
Style Guide
Licensing
Changelog
accident logo
facebook icontwitter iconlinkedin Icon
Thank you! You are now subscribed to our blog.
Oops! Something went wrong while submitting the form.
HomeContact
Resource CenterCategories

ATTORNEY ADVERTISING. The information provided on this website is not legal advice. No attorney-client relationship is formed by the use of this site. The attorney listings on the site are paid-for attorney advertisements and do not constitute a referral or endorsement by a state agency or bar association. It is not stated or implied that a lawyer is certified as a specialist in any particular field of law. No results are guaranteed, and prior results do not guarantee a similar outcome. This site is informational, only, not dispositive; it is up to you to decide whether a particular lawyer is right for you. Contingency fee refers only to attorney’s fees; a client may incur or be liable for other costs or expenses. Use of this site is subject to your agreement to these Terms and Conditions. If you are seeking an attorney in Florida, please read the additional state advertising disclosure. Copyright 2022. All right reserved.