Tuesday, August 23, 2016

Injured in an auto accident? What type of evidence do you need to file a personal injury claim?

When a person is involved in a car accident and believes that he or she should be compensated for the damages incurred, apart from an accident insurance claim they may claim compensation for the damages by filing a personal injury lawsuit.

However, as per all-star caliber East Haven, CT accident lawyers, once a car accident lawsuit has been filed, the plaintiff will only receive the damages being sought only if he or she can prove that the defendant was negligent in causing the auto accident. This is called burden of proof and the bottom line is that the burden of proof lies on the shoulders of the plaintiff and his or her legal pro.

Therefore, the major question is how a plaintiff must prove the claims within the car accident lawsuit in order to be awarded compensation. The judge or jury will understandably require evidence and they cannot just take your word for it.

Duty of care

To begin with, Connecticut accident attorneys explain that the plaintiff must prove that the defendant owed the plaintiff a duty. This is called the duty of care and anyone that operates a motor vehicle on public roads basically owes the duty of driving responsibly and with consideration for others using the roads. Therefore, it is quite straightforward to prove that the defendant owed the plaintiff a duty of care.

If you need legal help, you need a East Haven, CT accident lawyer on your side. They do not need a gun and fighting skills to win, they have legal fighting skills and they know how to outwit the opposition and use the law to put their client in a better position to win. 
Now if you want to see an example of someone not caring about others on the road we can look at the Las Vegas scene towards the end of the 2016 Jason Bourne movie. The Asset (Vincent Cassel) uses a SWAT vehicle to run through about 14 vehicles knocking them upward and then to side as he literally plows a path forward for himself. The Asset does not care about others on the road at all.

The Asset is working for an immoral supervisor in CIA Director Robert Dewey (Tommy Lee Jones) but that is another topic. The Asset show utter disregard for others on the road in this unethical pursuit to thwart Jason Bourne from finding out the truth. That is just not impressive behavior and he certainly did injure many innocent people in his actions. East Haven, CT accident lawyers do not condone this type of behavior.

Now the CIA has the right to have spies and water boarding is a fantastic innovation for many reasons but lying to innocent young men, tricking them, having them kill other recruits in the name of training, destroying their humanity, that is not right.

Breach in duty

Once the duty of care has been established then the plaintiff will need to prove with evidence that the defendant did not fulfil his or her duty of care and thus breached this duty. Proving this part will require evidence which can be in the form of photographs, videos, expert testimonies, police reports, witness statements, and so forth.

A regal legal professional will be able to prove this for you in a tactful and effective manner and you can find one by pressing right here Accident.USAttorneys.com. Legal help is right around the virtual corner.  

Proving causation

It is not sufficient to only prove that the defendant breached the duty of care, but to also show that this breach in the duty of care is what led to or caused damages to the plaintiff. For the most part, it must be proved that if it wasn’t for the defendant’s negligence, the injury or property damages, and so forth would have never occurred, according to East Haven, CT accident lawyers.

Estimating damages

Last but not least, the plaintiff will also need to specify the amount he or she is seeking in terms of economic and non-economic damages and will have to justify how they arrived at this amount with supporting evidence such as medical bills, repair bills, an account of lost wages (past and future), and so on.

If you are seriously injured in an auto accident, a legal representative will be able to accurately determine the value of your claim and will also be able to prove this during trial. Therefore, we suggest that you consult a Connecticut accident lawyer ASAP and get started working on your lawsuit so you can receive every penny you deserve. And in this high tax environment, every penny matters.

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