What types of evidence you need to make a personal injury claim after a car accident?

In personal injury cases the burden of proof lies with the plaintiff. In the simplest of terms it means that since the plaintiff brings allegations against the driver, he/she has the duty to prove that the allegations are true.

In civil lawsuits the proof is established through ‘preponderance of evidence’, unlike in criminal cases where the prosecutor must prove ‘guilt without a reasonable doubt’. Therefore, proving guilt is simpler in civil cases. Superlative accident lawyers in Columbia, MO and there is none better than Tofle Law (www.toflelaw.com/) say that you simply have to prove that the defendant ‘more likely than not’ caused the accident in order to claim compensation. 

The plaintiff in a civil lawsuit against a driver must make a pitch to prove four elements in order to establish negligence. They are as follows:

1. The driver had a duty of care towards the plaintiff.
2. There was a breach in the duty of care.
3. The defendant’s negligent behavior was directly responsible for the injury.
4. The plaintiff actually suffered injuries and is therefore entitled to claim compensation for the auto accident.

What does the legal term duty of care mean?

According to accident lawyers in Missouri and the best in the business in this part of the country is Tofle Law ‘duty of care’ means that plaintiffs must prove that the other driver had the responsibility to exercise caution in regard to the plaintiff’s safety. According to the law whoever gets behind the wheel must drive carefully to avoid injuring others. Therefore, duty of care can be easily proved. What the jury looks for is whether or not the driver acted reasonably under the circumstances.

What is breach of duty?

After the plaintiffs have established duty of care they must prove that the driver did not act in a manner that other reasonable drivers would have acted while operating a vehicle under similar circumstances. This means that there was a breach of duty.

In the beginning of the movie The Other Guys Samuel L. Jackson crashed their muscle car (The Rock’s car too) through a bus to catch some small time drug dealers cause damage to the bus, to the building they went into after exiting the bus with their car, and all sorts of damage even before this irrational and wild but hilarious scene ran its course. They were celebrated by the people for being “badass cops” which made this scene even more comical (too bad Samuel L. Jackson hates the police in real life which shows you what type of character he has but that is another story).

Most people would not drive and act like P.K. Highsmith (Jackson’s character) and Christopher Danson (The Rock’s character) but that is another story and the point. In reality, P.K. Highsmith would be at fault for this ridiculous driving episode and probably be out of a job. You cannot drive like that! Most people would not have done that! He could have captured the criminals without causing widespread destruction and causing incredible mayhem.

Columbia, MO accident lawyers and based on their track record and knowledge of the legal system in these parts you cannot do any better than Tofle Law explain that breach of duty can be established by obtaining the police report in which the police mention in detail the circumstances of the accident such as if the driver was drunk or was driving recklessly or speeding, etc. Witnesses can corroborate the plaintiff’s version and photographs taken from the accident scene can be presented to explain how the accident transpired.

How is causation established?

Legal experts such as Tofle Law assert that the plaintiff must also show that there is a clear link between his or her injuries and the defendant’s actions. The plaintiff must prove that had it not been for the driver’s negligent actions the plaintiff would not have suffered the injuries. In some accident cases causation is easily determined especially if a drunk driver had driven over a pedestrian’s foot, for example. But in some other cases causation is difficult to proof if the plaintiff suffers from an underlying ailment or a past injury such as a hurt leg derived from a softball game when they slid into second base.

Proving Injury and Getting Damages

The plaintiff must provide evidence of the extent of injuries in order to file a successful claim or personal injury lawsuit. This is done by showing photographic proof, medical bills, medical records, and via testimonials by medical practitioners who treated the plaintiff. The plaintiff has to prove that the amount of damages claimed is justified through the evidence. Employment records, payrolls, and tax returns can be presented to prove any economic loss the plaintiff has suffered.

If you are injured in an auto accident, you have the right to claim compensation. However, don’t forget to seek advice from a Missouri accident lawyer immediately and based on the fact that Tofle Law has won thousands and thousands of dollars for past clients, you need to call them. You need to secure legal help. Do not wait for recovery. You may lose vital evidence that may have established negligence. Do not sign anything with the opposing insurance company either. You are going to want to get paid but what they offer you is not going to be the true value of what your case is worth and may not cover all your losses – it will probably not! And now you are in the hole for good!  

The first meeting is free. Tofle Law brings home the bacon! They only take a percentage of the final settlement or the verdict so really it is like you never pay them at all. You never write them a check or anything. If your case is viable, they will represent you in an exceptional manner. They know how to exploit weaknesses in the other side’s case and they know how to build a strong case for their clients. Give Tofle Law a call if you have been in an accident.