Friday, January 29, 2016

How to meet the burden of proof in a car accident injury claim?

When it comes to personal injury lawsuits, like most other lawsuits seeking compensatory damages, the burden of proof lies upon the plaintiff or complainant. What does burden of proof mean? It means that the claims made by the plaintiff need to be proved by none other than the plaintiff and his or her legal counsel. For the most part, the defendant listed in the lawsuit is innocent until proven guilty.

If you have been affected by a car accident in the Portland area caused to someone else’s negligence, the best course of action would be to approach a legal representative right away such as Douglas Green who has been winning cases in Trailblazer land for years and knows what a winning case looks like. A Portland, OR accident lawyers will be able to help you see through the case from the beginning until the very end to make sure you and him receive the compensation you and him deserve, respectively.  


What are the steps in proving liability in a car accident lawsuit?

As mentioned, it is the sole responsibility of the plaintiff and their legal counselor to prove that the list defendant(s) were negligent. Failing to prove this will result in the court ruling in favor of the defendant, the defendant is innocent until proven guilty.

There are basically four aspects to an auto accident claim that need to be proved in order to win the lawsuit.

The first thing that must be proved in order for the lawsuit to progress is that the defendant owed the plaintiff a duty. In most car accident claims, this part is not difficult to prove say Northwest Oregon accident attorneys and one of the best in the business is Douglas Green. Just the fact that the defendant was using driving in public entails that he owed the duty to drive carefully and with consideration to other motorists/pedestrians also using these public roads.

What sort of evidence will you need to win a car accident lawsuit?

Secondly, the next step is to prove that the defendant breached this duty. This is the part that requires some homework. This is often the pivotal part which can make or break a car accident case. To prove that someone negligently breached duty is not as easy as just saying they did.

You will require evidentiary proof in the form of witness statements, testimonies by expert accident re-constructionists, pictures and video footage (if any exist), statements from law enforcement officers, and statements in the police report that back up your claims. You can depend on your legal representative to gather concrete evidence and present it in the most effective manner. This is what your Portland, OR accident lawyer will help you do from the outset. 

The third part of the burden of proof will be for the plaintiff to prove that this said breach in duty caused the plaintiff injuries. Again, this will need to be supported by photographic evidence, medical records, statements from health care professionals, and relevant evidence.

Finally, in order for the court to determine how much to award in compensation, the plaintiff will have to monetarily quantify the damages with the help of medical bills, repair bills, legal bills, and any other out of pocket expenses involved. You need to call a Portland, OR accident lawyer quickly to start this process if you have not already yourself. You should have a paper and digital file set up as you and your legal representative such as Douglas Green can build a case so you can reap the most compensation possible since you owe this to yourself to get this done.

Douglas Green has seen just about it all. He knows how to win cases and the first meeting with him is free. He is not paid until you are paid. Douglas Green (http://www.douglasgreenattorney.com/) has a long list of satisfied clients and you too can be on this coveted list. Just give him a call and he start to spin his legal magic. Well, at least with his help you can begin to put together a concrete case! The magic can be left to Gandalf in Lord of the Rings!

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