Injured in a car accident? Unfortunately, in California, your word isn’t enough to prove damages. Indeed, in order to receive maximum compensation, you will need proof that someone has harmed you or inflicted personal injury that impacted your work and life.
in many cases, a personal injury claim finds its way to court on shaky grounds right from the start. When liability is an issue it’s difficult to ascertain who is responsible for the accident and whether the victim will be compensated or not.
Injured Party and Burden in a Personal Injury Claim
Civil lawsuits, such as a car accident case, require that the person suing (the plaintiff) show “by a preponderance of the evidence” or “more likely than not” that the plaintiff’s allegations are true and the defendant is liable for the plaintiff’s harm.
What Does a Plaintiff Have to Prove?
If you are injured in an accident, what you will have to prove to the court will depend on your case. Usually, the judge or jury will look at the following when determining the existence of negligence:
- that the defendant owed a duty of care to the plaintiff,
- that the duty of care was breached,
- that the defendant’s negligence was the cause of an injury; and
- that the plaintiff was in fact injured.
This is why it is important to hire an experienced accident attorney who specializes in personal injury claims and has a history of success.
How to Gather Evidence to Build a Strong Case
Before going to court, you will want to collect as much evidence as possible. For example,
- Photographic evidence from accident scene
- Police reports of accident or action surrounding injury
- Medical records
- Eyewitness statements and records
- Proof of missed work due to injury
This list is not exhaustive. For more information on how to file a personal injury claim, or to see how much money your case cold potentially recover, contact the experienced injury attorneys as Ghozland Law Firm today.