How Do You Prove A Personal Injury Case?
Personal injury is a legal theory that refers to claims brought by a victim of an accident against another liable defendant. This essentially means that if you or a loved one has been injured in an accident, you have the right to hold the other party who caused the accident responsible for your injuries. Your injuries could vary, from medical bills to lost wages to the emotional suffering caused by the injuries. The person that filed the lawsuit is referred to as the plaintiff. The person that the lawsuit is brought against is referred to as the defendant. California has several plaintiff friendly laws that allow the victim to recover compensation for their injuries suffered.
However, in order to be able to recover compensation from the at fault party, you must make sure that you successfully prove your personal injury case. In order to prove your personal injury case, we advise you to seek the advice and assistance of an experienced legal professional. It is also very important to find a lawyer that is well-versed in the laws of your state.
Our top-rated accident attorneys have experience assisting both California and Nevada victims. We have been representing accident victims for decades, and fight aggressively for our clients’ rights. We have the compassion and the necessary resources to make sure that our clients get the legal assistance they deserve. We understand that after being involved in an accident, there will be so many questions that will run through your mind. You do not have to worry about how much an attorney will cost you, because our top car accident attorneys work on a contingency fee. A contingency fee means that our attorneys will not collect a single dollar from our clients unless we win compensation in our client’s favor. This means that unless we win money, we will not seek any fees.
A personal injury case can arise from several different types of accidents, including car accidents, bus accidents, pedestrian accidents, etc. You want to make sure that you have the right legal assistance to be able to prove the liability. Below is the basic rundown that refers to the different types of factors you must prove in order to have a successful personal injury case. Keep in mind that there are also several other factors not mentioned on this page. This could differ depending on the circumstances of the accident, and we recommend that you contact our experienced lawyers today for a free case evaluation. During this case evaluation, our attorneys will be able to provide more of an idea as to what legal steps you must take for your personal injury lawsuit.
Proving The Duty of Care
In order to file a personal injury lawsuit against the defendant, you must show that the defendant was negligent. In order to prove that the defendant was negligent, you must show that the defendant had a duty to act in a reasonably safe manner, the defendant failed to act within that duty, and the defendant then caused the plaintiff to suffer injuries. One of the most important factors when proving negligence is proving that the defendant had a duty of care. A defense that the defendant may always raise is that he had no duty to act in a reasonably safe manner. Duty of care is best determined by looking at the relationship of both parties. For example, the most common duty of care relationships is:
- Medical professionals and their patients
- Vehicle drivers and other cars on the road
- Vehicle drivers and other pedestrians on the road
- Vehicle drivers and other bicyclists on the road
- Landowners and visitors on their property
- Business owners and visitors on their property
- Dog owners and people in the public
These are some of the most common relationships that prove the duty of care. To determine if the defendant in your case had a duty of care, contact our experienced attorneys today.
Proving That the Defendants Breached The Duty Of Care
The next step to having a successful personal injury lawsuit is proving that the defendant breached the duty of care. A common defense that the defendant may raise is that they acted in a reasonably safe matter and did not breach the duty of care. This is a question that will be determined by the jury if the case ever goes to trial.
In order to prove that you have suffered injury and damages, you need to collect evidence from the accident. There are several different types of evidence that will assist you when proving different factors of your accident claim.
What are examples of evidence used in personal injury cases?
The first step you must take after an accident and when filing a personal injury lawsuit is to collect as much evidence as possible. This includes collecting tangible and physical evidence that could be used against the defendant. Examples of physical evidence that will be able to assist the attorneys are eyewitness statements, medical records, photos of property damage, photos of the accident scene, etc. Not only will evidence be able to assist our attorneys when getting an idea as to how the accident occurred, it will also be able to prove liability on the defendant.
We have several strong relationships with top rated medical experts and accident reconstructionists that will be able to assist you in determining if the defendant was liable, and how the accident was caused. If the case does not end up settling, evidence will also help the jury in a trial determine who the liable party is in the accident.
- Photos: Photos of the accident scene are some of the most important types of evidence that you may need to prove how the accident occurred, along with who the liable party is. Photos of your injuries will also help the jury determine what type of future treatments you may need, and whether or not your injury is permanent.
- Medical records: you will not be able to file a personal injury lawsuit unless you have medical records. Medical records are important when determining what the victim suffered, and the compensation that the victim deserves to receive. Make sure that you keep all medical records, including Insurance bills, doctor’s bills, and prescription medication.
- Eyewitnesses: eyewitnesses are essential in determining how the accident occurred. However, oftentimes there may be a problem with eyewitnesses since they may not be able to remember clearly. If there are any eye witnesses in your case, they should be contacted as soon as possible since over time they may forget details of the accident.
- Statements: if the defendant admitted guilt at any point during or after the accident, make sure that you have some type of documentation about it where you can bring it up in a future pending lawsuit. An admission by the other party can be very strong when proving personal injury.
What do I have to prove in any personal injury case?
The plaintiff has to prove that the defendant is liable based on a preponderance of evidence. This means that the defendant is liable more likely than not, and the evidence is in your favor. The evidence differs depending on the circumstances of your personal injury accident claim. No two cases are alike, that is why we recommend that you contact our skilled California car accident attorneys today to schedule a case evaluation. To learn more about your case, call our experienced legal team today.