While it may be the last thing on your mind after being injured in a car accident, it can be important to be mindful of the fact that you will have to prove certain things in order to successfully file a personal injury claim later on. Being aware of this can help you remember to document certain things after an accident so that you can substantiate a claim. After all, if you were injured in an accident caused by someone else’s negligence, you have a legal right to seek compensation for the harm you have suffered.
What Type of Proof is Relevant in a Car Accident Claim?
Most personal injury claims, such as those that arise after a car accident, are based on a legal theory of negligence. In order to prove negligence, you need enough proof to substantiate every element of negligence. The first element of negligence is duty. The person who caused the accident or made the mistake that led to your injuries must have owed you a duty. A duty can be established by the situation. Drivers have a duty to others on the road to drive in a safe manner, complying with traffic laws. Alternatively, a duty can be established by a specific relationship such as that of a doctor and a patient. Doctors owe their patients a duty to act with reasonable care.
The second element of negligence is the breach of the duty owed. A breach of duty means a person failed to act with reasonable care. To prove that a duty was breached in a car accident injury claim, proof of a person’s violation of the duty can be presented. This may come in the form of an accident report detailing a person’s violation of a traffic law. It may be a ticket a person received for violating a traffic law. It could be witness testimony reporting the reckless manner in which a person was operating his or her vehicle. It could be security camera footage showing a person violating the laws of traffic.
The third element to prove is causation. It must be demonstrated that the breach of the duty was the cause of the injury to the claimant. The fourth element is that the claimant suffered actual injury and harm as a result of the accident caused by the defendant, or liable party. Proof of injury and proof that an accident caused injuries usually come in the form of medical records and testimony by treating doctors and other expert witnesses. This can get complicated if the injured party had any pre-existing conditions, particularly ones that have similar symptoms to those presented by injuries sustained in the accident.
Personal Injury Attorneys
After an accident, turn to the trusted personal injury team at Compass Law Group. We know what needs to be proven in a personal injury claim and we know how to present your case in the strongest possible light to help ensure you recover full and fair compensation. Contact us today.