When you get yourself into a car accident and are injured, it is very likely that you will have to spend a lot of money for hospital bills. And though it can be a tough time, the good news is that you can get compensation for such medical expenses by hiring a personal injury lawyer. Below, we look at six important things involved in investigating and proving a car accident injury claim.
Burden Of Proof
One of the first things you need to understand is the concept of burden of proof when it comes to personal injuries. When you accuse someone to knowingly or unknowingly cause you injury, then the burden of proving this will fall squarely on you. Every single element of a claim has to be proven beyond a reasonable point of doubt to the judge and the jury before they rule the case in your favor. So, if you have been injured as a result of a car accident, then you must provide evidence to the court that proves that the driver was at fault for colliding with you. Get in touch with a good lawyer near Irvine when you get injured due to someone else’s actions. You might be surprised how much Irvine, CA personal injury lawyers can help you with your existing incident.
The timing of the investigation is also critical. As soon as you are injured, you should hire a personal injury lawyer. This is extremely important since there can be evidence for the other party’s fault which will disappear with time. When you hire a lawyer, they will immediately set out to work, collecting and preserving all such time-sensitive proofs that will help your case.
When you meet with an accident, you will need to contact the local police so that they can prepare their report of the incident. It is crucial that you make the first move and present your side of the story to the police. This way, the report will likely show you in a favorable light, which can turn out to be pretty useful in court. If allow the other party of the accident to impress the police, then the report may end up being prepared in a way that points you being at fault for the accident.
While your personal injury lawyer will collect most of the evidence, photographs of the accident site are something that you must take immediately after the accident. The police report will contain a few photographs of the site. However, one can’t completely rely on them alone. There might be subtle clues, like skid marks or something, that they might miss out on but you will notice. As such, by taking photographs of the accident site, you will make it easier for the lawyers to argue your case in court.
A key to winning car accident cases is witnesses. You can submit photographs and police report in your favor, but these are just secondary evidence. These are evidence that is collected after an accident has happened. In contrast, eye-witnesses would have seen the accident happening and will know who was at fault for the collision. As such, their statements will have incredible value. You lawyer will find such eye-witnesses and prepare them for the court. If you can get the contact numbers of eye-witnesses soon after the accident, then it will make the investigation process of the lawyer easier.
Another important proof that needs to be collected is the driving history of the person who caused the accident. If their driving history is filled with incidents of accidents or near accidents, then the lawyer’s job of proving the other party guilty becomes easier. In fact, you don’t even need to look for accidents. If you find that the person has been given notices for rash driving by the police on numerous occasion, then that too will work in your favor in the court.
Now, once your lawyer has investigated the case thoroughly and collected the necessary evidence, they will contact the lawyer of the other party for a settlement. If the proof is strong enough, then the other party will seek to settle the issue by discussion. And this can save you a lot of time. However, if they are hell-bent on sticking to their statement of not being guilty for the accident, then you will have no choice but to file a case if you wish to make an injury claim. And if you have hired a top-notch lawyer who is fully confident of the collected evidence, then you can be assured of victory and financial compensation.