Car Accidents Law

How is Evidence Used to Prove Car Accident Fault?

After you are involved in a car accident, you, with the help of your car accident attorney, have to prove two main things to qualify for damages:

  1. That the accident occurred because of someone else’s negligent behavior
  2. That you suffered legitimate injuries

Being able to provide evidence of the physical injuries you have suffered, as well as the damages, i.e., the financial costs, are the most important types of evidence for any car accident claim.

However, when you begin to build your case, you will have to gather more evidence. Your attorney will help you with this process, but there are a few items and documents that you can acquire early-on to help make the process easier.

Evidence Critical to Any Car Accident Claim

When you are the plaintiff, it is up to you to prove that the other party was at fault. This means that you have to show evidence that proves the defendant was negligent and that this negligence resulted in your damages and injuries.

This can be done by generating the proper evidence, most of which will be acquitted directly after the accident has occurred. Some of the evidence you need to gather includes:

  • Photographs or video: Take pictures or videos of your injuries, the accident scene, your property and more. When you get to court, there is a good chance that all your injuries will have healed and that all proof of the accident will be one. You want to make sure that the judge or jury can understand how badly you have hurt and the property damage you incurred.
  • Medical records: This is another critical component of any car accident claim. You have to show that you have been to a doctor and that your injuries have been documented. Having records of tests, surgeries, treatments and other information related to your injuries is invaluable.
  • Expert testimony: Having a medical expert or physician testify to the extent of your injuries can also be beneficial. They can even provide insight into how the injuries can affect you the rest of your life.

The Evidence Gathering Process After a Car Accident

There is no question that gathering evidence for your car accident case can be difficult. This is only made worse if you are severely injured and unable to do this on your own.

As a result, you need to ask friends and family to help you with the evidence collection process, even if you don’t know if you are going to file a car accident lawsuit. When possible, document everything you can remember about the accident, including the date and time it occurred, what you were doing and everything that you can remember. The sooner you can document all this, the better. The majority of people will forget small details hours to days after the accident occurred.

While working on your lawsuit, make sure to keep all your billing statements, medical records, and prescriptions so you can give them to your car accident attorney. They can take this information and further build your case to ensure you receive the compensation you are owed for the injuries and damages you have suffered.

To learn more about representation for your car accident case, visit the Lawyers Corner blog.


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