Texting driver caused my accident

3 Factors That Affect Compensation After A Car Accident

Operating a vehicle can become overwhelming. Not only do you need to focus on traffic laws to avoid violations, but you also need to ensure you are being safe to protect you and other drivers on the road. Even if you feel you are being safe, accidents may still occur. While shocking for many to learn, 37,000 people die in road accidents each year in the United States, and an additional 2.35 million are injured or disabled. In many cases, the accident is caused by the negligence of others. If you were recently injured by another person in a car accident, you deserve compensation for your physical, emotional, and financial distress. Here are a few key factors that will affect your compensation during a car accident lawsuit.

Your Attorney

Your attorney plays an essential role in your ability to receive compensation that covers your injuries. Therefore, you must hire an attorney that specializes in car accidents and proving negligence.

Make sure your auto accident attorney has experience in not only negotiating settlements, but also in court. This will be important if your case goes to trial.

Ask for recommendations and referrals from others, as well. While you want a smart attorney that has experience proving negligence after your accident, you also want a trusted attorney that is passionate and compassionate about your needs.

Without the right attorney, you may end up losing your case or receiving compensation that will not cover your actual expenses.


The amount of evidence you have against the other driver will also affect the total amount of compensation you receive after an accident. A large amount of evidence may seem helpful, but your evidence must be solid to prove the other driver is at fault.

Here are a few types of evidence that will be crucial in proving negligence of the other driver:

  1. Photos/Video – Photos or video of the accident scene or videos of the accident occurring are helpful in proving negligence.
  2. Witnesses – Eye witnesses that saw your accident happen are useful, as well, for building your case against another driver. Expert witnesses may also be necessary. These witnesses include doctors, therapists, and even accident reconstruction experts.
  3. Medical Records – Of course, your attorney will use your medical records as a form of evidence. Reports from paramedics, emergency room personnel, doctors and nurses, surgeons, physical therapists, and counselors will be important in building a case against another driver.
  4. Financial Statements – If your injury has affected your ability to work, your financial statements can help with your case. Pay stubs, bank statements, and medical bills will show you are in need of financial compensation due to the negligence of another driver.

During your consultation, your attorney will ask you to provide information that can be used as evidence. If possible, bring photos, witness information, medical records, and your financial documents to your consultation.

Actual Injuries

Last, but definitely not least, the extent of your actual injuries will play a part in determining how much compensation you receive after proving the negligence of another driver in an accident.

Obviously, if you have a minor injury that is not reducing your quality of life, you will not receive as much compensation. However, if your injury has caused you to miss work or you are now living with a disability that prevents you from working, your compensation will be a great deal higher.

Your attorney will build a case using the above evidence to determine how much compensation is suitable to your injuries, time lost at work, and emotional distress due to the accident.

After an accident, you may be confused and in pain, but building a case to prove negligence is important for your future well-being. 

About Me

Texting driver caused my accident

Have you ever picked up your phone and sent or read a text message while you were driving? Do you know just how dangerous that is? All that it takes is one split second for your life to change forever and to change someone else's life forever. I was hit from behind because a well-dressed business man couldn't wait until he was stopped to respond to a text message. I saw him coming in my rear view mirror, but there was nothing that I could do about it. This accident happened over a year ago and I still suffer every day. My blog is filled with information that can help others that have been injured by texting drivers.


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