Knowing that a traffic accident claim is not feasible to pursue is a key role for a traffic accident lawyer. The lawyer will explain to the victim whether or not a claim can be made. Having a car accident is always a traumatic experience for anyone. One of the questions that most of the clients who visit us ask first is whether or not they are entitled to claim compensation for their accident. Sometimes, we may find that the economic consequences of the traffic accident cannot be claimed. Usually this is because the victim lacks any information about the accident, especially if there had never been an accident.
WHAT IS TRAFFIC ACCIDENT COMPENSATION?
We know, and we have stated this on many occasions, that there is no real compensation available to pay for the pain and suffering of victims of road accidents. The compensation available for a traffic accident is a financial payment derived from the financial damages suffered in the traffic accident. The spirit of the law in this sense is that the victim of an accident should be duly compensated, or reimbursed, as far as possible, through an economic amount that is calculated on the basis of the law. The compensation must include all the items to which we are entitled, specified in the law. The quantification of compensation has become significantly more complicated, so that the role of traffic accident lawyers today becomes essential in helping victims to process their claims. In the same way, the lawyer will be the one to inform the victim of the viability of the claim. We have found cases that initially seemed viable and as evidence was obtained the opposite happened, and vice versa. In order to determine whether or not the claim is feasible, it will be necessary to take into account each specific case, without generalizing, since each accident is a separate case. Any element that may have been involved in the provocation of the same may be of relevance when determining whether or not it is possible to claim the economic consequences.
WHEN IS A CLAIM FEASIBLE?
The first thing to bear in mind is that in order to be able to claim compensation with guarantees that it will succeed, it is necessary to prove fault, and that one can claim it as long as one is not exclusively at fault for the accident. The viability of a claim arising from a traffic accident should be assessed by a lawyer who specializes in accidents and who is not involved with insurance companies. If we seek the advice of our company’s lawyer, any small obstacles in the case will serve to advise us to drop the claim. Sometimes there may be doubts about the feasibility of accidents involving several vehicles, in which there is no statement of liability or if the opposite gives your company a completely opposite version of the accident dynamics to ours. In these cases, it is necessary to gather as much evidence as we have to prove how the events occurred. For example, witnesses can help us, in case we have to go to trial, to give their version of the incident in support of ours. That is why we will need the help of a specialized lawyer, who is used to studying cases from all perspectives to assess their feasibility. Sometimes our company may advise us not to make a claim, and yet an outside attorney will assess that the claim is viable. Our advice is always to rely more on the criteria of the specialist lawyer, since while the insurance company’s interest is always its own, and it will not help us in that sense, the specialist lawyer works on commission, that is to say, if he does not obtain compensation he will not charge any fees, so his interest is always the same as that of the victim, and both go hand in hand.
WHEN IS A CLAIM NOT VIABLE?
As we have already noted, a claim is not viable when we are solely at fault for the accident. On many occasions, clients come to us to hear our professional opinion. It is clear that if the lawyer does not see that there is a case to defend, he will state it clearly to his client, advising him not to initiate any legal claim that in case of loss will be a cost to the client. In any case, and as each accident is different, it is always better to consult a lawyer. There are cases of accidents, for example, when the pedestrian crosses through the wrong place, where, analyzing the circumstances of the accident, it may happen that there is a shared fault. In these cases, the compensation to be received by the victim exists, but it will be reduced in proportion to the percentage of blame that the pedestrian and the driver have, in this case, so even with a test against, it is worthwhile to consult a specialist lawyer to advise you on the possibility of claiming. In some cases, there is a chance to complain, but success rates are low. This is sometimes the case with accidents caused by the poor condition of a road. In these cases, we are faced with a responsibility on the part of the Administration, which is not going to deal with these claims by the good ones, forcing the victim to file a civil lawsuit, which last for years and are difficult to prove. It should be noted that the lawyer will only recommend the client file a claim judicially when there is a high probability that the lawsuit will be won, since if the client loses it, the client will have to pay the costs of the procedure and the lawyer who defended the case will have done his job but will not charge anything. Therefore, we insist that in case of doubt, the first thing to do is to consult an external lawyer, and once we have an assessment of our case and we indicate whether or not it is viable, decide whether or not we want to initiate a claim.
Our experience of more than 20 years in the field of traffic accident claims has shown us that no two cases are the same. It is necessary to study each accident in particular, applying all our knowledge to assess the feasibility of a case. In Avrek, we advise without obligation, informing the client of his rights and our opinion on the case. Our vocation to help the injured moves us every day to offer the best of our team of professionals in the claim of compensation arising from traffic accidents.