Those injured by another driver in an accident have several ways to be compensated. The process to be paid for the accident encompasses several actions, and getting things started as soon as possible is advisable. To learn about how evidence could affect the outcome of your personal injury case, read on.
Trials Are Not Always Necessary
There are multiple opportunities to resolve a case before you take it to trial. Unfortunately, the other side is not always cooperative when negotiating a settlement. Cases that do end up going to trial are often entirely different than those that settle. Some aspects that set these cases apart are:
- Unusually high medical damages that might have resulted from an accident that caused severe and/or permanent injuries.
- Accidents in which the parties are in disagreement over who was at fault.
- Accidents where the driver was uninsured but financially able to pay a settlement (and judgment).
- Accidents involving vehicles worth more than the insurance adjuster is willing to pay, such as collector, rare, or very expensive vehicles.
Convincing Evidence
As you might note from the above list, a case for trial is constructed from the cause of action. When a lawsuit is filed, you, the plaintiff, allege that the other driver, the defendant, performed certain actions and caused certain damages. That is the crux of all personal injury cases: fault and damages. The point of the trial, if it comes to that point, is to present evidence supporting either fault or damages and hope the jury sees things your way.
Evidence to Show Liability
Liability is another way to say fault. You want the other side to take 100% of the liability upon their shoulders. If you share any of the fault for the wreck, your money damages will be reduced accordingly. Your side will need to prove that the other driver was at fault for the wreck. To help convince the jurors, your attorney will use a variety of evidence:
- Photos of the vehicle damage.
- Video footage from nearby cams or cell phones of the accident.
- Eyewitness statement of bystanders.
- Accident reports with the reporting officer's official summary of the accident.
- Testimony of accident reconstruction experts.
Evidence to Show Damages
The dollar amount of your damages may also be in contention, such as when you will require future medical treatments or have large personal property losses. The evidence needed for proving damages can include:
- Testimony of medical and vocational experts.
- Paper evidence of receipts, statements, explanation of benefits, and more.
- Photographs of your injuries.
- Pain journals detailing your pain and suffering.
The preponderance of the evidence wins the day for personal injury cases. Speak to your auto accident attorney to learn more.
The world is a crazy place, and you never know when you will be faced with an uphill legal battle. I didn't used to feel like I was at a high risk for being sued, but after dealing with various business concerns, I could tell that I needed to procure an attorney. I was faced with a few problems such as managing my employees and dealing with a pending lawsuit, and I didn't know what to do or how to go about managing various issues. Fortunately, my lawyer understood what we needed to do to work things out, and we managed things appropriately. On this website, find out how to identify your rights and take care of business.