Once you become a car accident victim, the first action you want to take after seeking medical treatment is filing a lawsuit against the at-fault driver. As the one seeking compensation, the responsibility of proving fault and providing sufficient evidence for the case falls on you. Meaning you need to ensure you can provide evidence that will be admissible in court.
You can do this with the help of an attorney for car accidents, who will have the proper experience in dealing with such matters. When preparing a car accident claim against another driver, you need to present them with evidence to build a strong argument. Keep reading to find out more about what you need to make a solid case.
What Do You Need to Build a Solid Car Accident Lawsuit?
1. Burden of Proof
Before your case can be considered, you first must prove the other driver is at fault for the accident, which means providing proof of negligence. Each driver has a duty of care toward other drivers on the road, meaning that driver owes you a duty.
You can prove negligence by demonstrating that the driver breached the duty of care by acting recklessly on the road, which led to your harm. The evidence you gather must prove the following:
- The truth about your account of the accident
- Existence of physical injuries sustained
- Loss of income and ability to work
There are many forms of evidence you can use to prove the above statements, which include medical receipts and bills, income records, witness testimonies, and photographs. Once you prove negligence, you can then proceed to gather the rest of the evidence for your case.
2. Evidence Acquired from the Accident Scene
Experiencing an accident can be a painful and stressful ordeal; therefore, you need to seek medical treatment immediately. One other crucial thing you should do is call the police and ensure a report is made. Creating a police report at the scene is important, as it could clearly indicate which driver is at fault.
Before the arrival of medical help, you can take the time to gather necessary evidence at the scene, such as photographs, or the other driver’s contacts, licence plate, and insurance information. Additionally, you can gather contact information from witnesses or other drivers.
Record the current traffic signals and the damages sustained by the cars involved.
3. Evidence of the Damages Suffered
For the majority of car accident claims, a significant ratio of the settlement is often made up of car damage costs. Therefore, ensure you gather all the records of repairs you have done and costs resulting from the accident.
The next crucial part of gathering evidence for proof of damage is documenting the extent or severity of the injuries you sustained. For this reason, you are advised to seek immediate medical care and inform care providers you have been in an accident.
Keep a record of all your medical expenditures, treatments, and therapies. Get a complete copy of your medical records from your doctor. As part of the evidence, include an MRI scan or X-rays to prove lost wages due to injuries sustained and missed work days during your recovery phase.
Building a Solid Claim
All the evidence you collect aims to prove the factors that make your case strong and credible. The best ways to illustrate the extent of your financial losses and physical injuries involves taking pictures and videos, and keeping medical records of all your expenditures.