What Do You Need To Help Win An Auto Accident Case
There isn't any ONE key piece of evidence that an injured person needs in order to win an auto accident case. However, the more pertinent and well-presented pieces of evidence you have, the better your chance of prevailing in such cases. Sadly, there are many attorneys out there who, whether through lack of planning, laziness or hubris, charge into court with little to no evidence to substantiate their cases. Needless to say, these cases rarely turn out well for the clients involved.
The burden of proof in obtaining recovery (compensation) after a car accident case lies with the person seeking damages. That means that the injured party (plaintiff) and their attorney bears the burden of establishing that the other driver was at fault in causing the car accident and that the plaintiff suffered injury and damages.
With a car accident case, meeting the burden of proof means establishing the four elements of negligence: 1) that the defendant owed a duty of care to the plaintiff, 2) that the duty of care was breached, 3) that the defendant's negligence was the cause of an injury; and 4) that the plaintiff was in fact injured.
Evidence can come in many forms and may include documents such as medical bills and records, photographs, and witness statements or testimony.
A good accident attorney will understand and gather the evidence that will be critical to support the claim and to survive defense motions. Solid accident attorneys should also have their own "checklist" that will help prove serious impairment of body function.
To go along with any checklist items, a thorough, well-prepared deposition is crucial to such cases. Working with their clients, witnesses, medical professionals and others, an knowledgeable attorney will gather evidence to support their client's auto accident case for pain and suffering compensation.
Armed with the proper evidence and a seasoned accident attorney can make all the difference between a successful outcome to your case or a painful learning experience.
If you or a loved one is injured in an accident, contact the attorneys at LDM&M. Acting promptly to preserve your rights is essential after any accident. For over 40 years, the attorneys at LDM&M have been helping individuals across Wisconsin receive the legal satisfaction that they deserve. Contact our offices for a free, personal consolation.