How do I prove another person was liable for causing an accident?
Proving liability after an accident requires collecting as much supportive evidence as you can lay your hands on. Accident victims should enlist the help of a dedicated accident attorney to assist with the process.
Proving Negligence on Accident Claims
After an accident, be it a car accident, slip and fall, or a medical error, you’ll be required to prove that the other party was responsible for your injuries in order to receive compensation.
There are numerous types of evidence you can collect that may support your claim. Your lawyer, who knows the specifics of your accident, may have some particular ideas in mind to collect proper evidence.
In personal injury cases, some of the evidence used to prove the other party’s negligence include:
- police reports;
- video footage;
- eyewitness testimonies;
- medical records;
- field expert testimonies;
- research and reports from accident experts; and
- arguing that the defendant disobeyed traffic safety laws.
If you’re unsure about how to go about gathering evidence, your attorney will be able to point you in the right direction and will assist with much of the legwork. The more evidence you can round up that demonstrates the other party’s negligent or careless behavior, the better able to you’ll be able to prove that party’s liability.
Satisfying the Legal Burden of Proof
You must be able to prove four elements to establish accident fault:
- the other party owed you a legal duty of care;
- the other party failed to uphold that duty by acting negligently or carelessly;
- the other party’s actions caused your injuries; and
- your injuries are actual and demonstrable.
For instance, let’s say a victim suffered serious injuries in a car accident because another driver changed lanes without looking. The legal duty of care is easily satisfied because all drivers are expected to obey the rules of the road.
The victim could prove the second and third elements by using evidence such as:
- witness testimonies that verified the driver didn’t look or signal before changing lanes;
- by city street video surveillance; and
- by a police report verifying the other driver’s actions led to the crash.
Medical records, physician reports, and medical expert testimonies can establish the fourth element.
Available Compensation for Successful Cases
If you are able to successfully prove that the other party caused your accident, you can receive financial reimbursement for your losses.
Some of the damages compensable in a personal injury case include:
- lost wages;
- emergency care;
- hospital bills;
- treatments and medication;
- rehabilitation and future medical expenses;
- loss of earning capacity or promotion;
- transportation expenses;
- disfigurement and disability;
- pain and suffering;
- mental anguish; and
- loss of consortium.
There are numerous damages that may be compensable for your case, so make sure to consult an attorney to accurately calculate what kind of settlement award to which you might be entitled.
Get Legal Advice
For legal advice in Delaware, Ohio, contact David Bressman, a qualified attorney with a passion for helping accident victims in their times of need. Call the office today at 866-777-6680 to schedule a free, no-obligation consultation and see if we can be of service to you.