Negligence is only one part of the picture

| Aug 1, 2017 | blog

If you have been injured by a distracted driver, that driver’s possible negligence is one aspect courts look at when determining damages. One way to bring such negligence to light is through phone records. For example, cellphones are the reason many drivers are distracted, and a phone record could show the driver was on a phone call or texting at the time of the accident.

However, it is essential to show your own damages as well. That is, the extent to which the accident and your injuries have affected you.

Medical expenses

Medical expenses may be the first area of damages that comes to mind. After all, it is an area that often requires immediate attention and is quite costly. Unfortunately, some people do not realize its importance. Some even do not seek medical attention right after an accident. Any neck pain might be minor, for example, or that arm injury might already have been there—it was just made worse.

Delaying medical attention costs you the chance to build an ironclad medical history. If you wait, say, three months to see a doctor about possible whiplash, the other side in a court case could argue it had other causes or contributors.

Lost income

When you are hurt, you are often unable to work. That can mean lots of lost income now and in the future. Seeking compensation for your personal injury can help you recover part or all of that income.

Pain and suffering

Pain and suffering is an important part of the damages picture. You may grapple with physical pain or physical ailments for years to come and experience mental suffering such as anxiety or shock, for example. Doctor statements can help back up this aspect.

So, as you build a case for damages, it is important to assess and track the accident’s impact on your life as well as the behaviors the other driver took that amount to negligence. Only then does the entire picture begin to come together.