What Happens During a Passenger Injury Case?
Generally, it’s easier for passengers injured in some type of motor vehicle accident to prove their passenger injury cases because the passenger isn’t responsible for proving he or she wasn’t liable for the accident. The driver—or one of the drivers, in a case of a multiple-vehicle accident—is responsible.
However, as with all personal injury cases, the plaintiff (or the person who suffered the passenger injury) must be able to prove two things:
- Liability: Simply put, that the defendant or the at-fault party was actually liable for the accident. The plaintiff must be able to prove the defendant was negligent in some way that led to the accident. Generally, this is much easier during a multi-car accident because one of the drivers will be held responsible.
However, sometimes proving liability is tough. For example, if a deer bounds out in front of the vehicle causing an accident, the insurance company or court might not view the defendant as responsible for that accident. If the defendant hits a tree (unrelated to the deer example), for instance, then he or she typically did or failed to do something that amounts to negligence.
- Damages: The plaintiff must be able to prove how badly he or she was injured during the accident.
Fortunately, personal injury attorneys are experienced in helping passenger injury victims prove both liability and their damages sustained during the accident.
Filing a Passenger Injury Claim
When you file a passenger injury claim, you file with the at-fault party’s insurance company—not with the at-fault party him- or herself.
Because of the legal red tape that goes into filing a claim with an insurance company – especially one that’s not your own – it’s important to have expert legal counsel on your side.
Here are a few steps you can take before and even during the legal process, including but not limited to:
- Gather the names and contact information of all parties involved, including witnesses.
- Collect each party’s auto insurance information.
- Take photos of the accident scene and possibly of your own injuries.
- File a police report at the scene of the accident. (Be sure to also obtain a copy of the police report.)
- Keep copies of all your medical records related to the injuries you sustained during the accident.
Obviously, you might not be able to handle each of these steps on your own, depending on the severity of your personal injury. Fortunately, that’s where a skilled personal injury attorney comes into the picture.
Contact a Personal Injury Attorney Right Away
If you’ve been injured as a passenger in any kind of accident, contact the Boca Raton personal injury attorneys at Glotzer & Kobren right away. Our attorneys specialize in passenger injury cases and can help you cut through the insurance company’s red tape to get all the compensation you require and deserve.
At Glotzer & Kobren, we handle all communication with the insurance companies so you don’t have to worry about proving liability and damages on your own. Call us at 561-361-8677, visit us at our Boca Raton office or contact us online to schedule your free, no obligation consultation today for more info.