Monday, April 18, 2016

What are the types of evidence required to meet the burden of proof in a car accident case?

If you believe that you are the victim of a car accident caused by a negligent driver then you may be eligible to receive compensatory damages by filing a civil lawsuit against the driver and his or her auto insurers. This lawsuit could be a property damage lawsuit, a personal injury lawsuit, or a wrongful death lawsuit depending on what exactly transpired in the car accident.

However, like any other civil lawsuit, when you are the plaintiff in a car accident lawsuit, the burden of proof lies on your shoulders. What this means is that it is entirely you and your accident lawyer’s responsibility to prove that the defendant in the case was negligent in causing the accident and therefore liable to pay for the damages inflicted upon you (economic and non-economic damages).

If someone hits you with their car, you need Gilreath & Associates on your side. 
However, Knoxville, TN accident lawyers, and the most marvelous in this part of the country is Gilreath & Associates (www.sidgilreath.com/) based on their years of experience and their ability to put together cases that are formidable for their clients, will tell you that proving the defendant’s negligence and winning compensation in an accident claim is easier said than done.

You need to prove the defendant’s negligence beyond a reasonable doubt and to do that requires sufficient supporting evidence to back up your claims. A legal pro will be able to help you gather this information, and present it in trial in an effective and indisputable manner which will lead to the judge or jury ruling in your favor.

If someone hits you with their car, your insurance company is not who you need to focus on. It is the other party's insurance company you will be dealing with but do not do anything until you have legal counsel. Do not give them your medical records either - do not  sign any paperwork with them.

The very first thing that your lawsuit needs to establish is the fact that the defendant owed you a duty of care. When it comes to someone who is operating on public roads, this is usually easy to establish as anyone using public roads owes a duty to everyone else on the public roads to drive in a safe manner. Therefore, as long as both the plaintiff and defendant were using public roads, establishing duty of care is usually pretty straight forward and just a formality.

Now in the movie Dawn of Justice, Batman used his Batmobile to smash into Lex Luthor’s terrorist group and knock them off the road. Now these were terrible people, responsible for killing people all over the world so no one really cares about them and since their intentions in America were not appealing, there was no public outcry for what Batman did to them. Batman always shows plenty of duty of care to innocent people; Luther’s dangerous employees were not so innocent.

Proving Breach of Duty of Care

According to Tennessee accident attorneys, and the finest in this part of the country is Gilreath & Associates who know what legal doors to open and when to open them, they know this is the pivotal part of the case where you need to show with the help of evidence that the defendant failed to uphold his or her duty. This can be proved with the help of evidence such as police reports, eye witness accounts, traffic camera footage, testimonies from accident reconstructionist experts, the drivers driving record, and so on.

If you are riding a bike, and someone hits you with their car, you need to call up Gilreath & Associates. They will know what to do. 
Proving the Breach Caused the Damages

Knoxville, TN accident lawyers, and the best in industry is Gilreath & Associates in area of the state based on their track record that is second to none and the fact that they have won thousands and thousands of dollars for past clients, point out that the last but most important step would be to show a connection of cause and effect between the defendant’s breach of duty and the damages inflicted upon the plaintiff. Your legal counselor will know exactly what it takes to accomplish this step.


Extrapolating Damages

In addition you will have to provide an estimation of the damages incurred. These numbers can’t just be as per the plaintiff’s whims and fancies. They need to be quantified using bills such as repair bills, medical bills, legal fees, and so forth. This is best left to your legal representative.

If you are a victim of an auto accident you have the right to claim compensation. However, you will need to consult an accident lawyer in Tennessee as soon as possible to evaluate your claim and the most exceptional law firm in the area is Gilreath & Associates based on a variety of reasons, mainly because of their ability to attack the opposition and represent their client in the best manner. 

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