In a California personal injury case, the burden of proof lies upon the injured party. You may feel it’s obvious to even a blind man that a careless or negligent act of a person or an entity harmed you. However, it’s still your responsibility to establish and prove that liability. Without proof that reasonable care wasn’t taken, you’re case will go nowhere.
Since it’s your responsibility to establish liability, you’ll want to work with an experienced personal injury lawyer with the know-how and savvy to prove that your injuries were of no fault. Accident victims in Riverside County should contact a Murrieta personal injury lawyer to learn more about how to win their case.
Tips and Techniques To Establish Liability and Prove Your Injuries
Your legal team must do two things after you’ve been hurt in an accident. First, they’ll need to establish liability by providing proof that another party’s negligence caused your injury and that such injuries exist.
This is true for almost all types of personal injury lawsuits. The only exceptions are dog bite injuries and injuries from a defective product. These two unique situations fall under the umbrella of the Strict Liability Doctrine, and negligence doesn’t need to be established.
A savvy personal injury lawyer will help you to gather the necessary evidence to prove both liability and that you’ve been injured. This can be a time-consuming process, and since California’s personal injury lawsuit statute of limitations is 2 years, you’ll want to begin working with a lawyer as soon as possible after your accident.
Police Reports
Police reports can help to establish liability by providing an official account of the accident. Personal injury attorneys often utilize these documents to prove liability. The plaintiff must ensure that they’re accurate; if not, they should be disputed. In California, police reports aren’t usually used in court, but they can be of value for out-of-court settlements and for identifying eyewitnesses.
Eye Witness Testimony
Anyone who witnessed the accident that caused your injuries is valuable to help your lawyer prove liability. Eye witness testimony is usually taken during the discovery phase of a lawsuit, and their information is preserved in sworn testimony depositions.
Photographs and Videos
Photographs of the accident scene can provide information about who was at fault. Possible sources of photographs or video of the scene of the accident come from vehicle dashcams or nearby surveillance cameras. Backups of photos and videos should be made to help preserve this evidence. Flash drives and other external drives can fail or go missing.
Medical Evidence
Medical evidence is used to prove that you did sustain injuries and how severe they are. They’ll also be used for claiming damages or for out-of-court settlements. To ensure that you receive the maximum compensation for damages, it’s crucial to retain all medical documents and bills. Typical types of medical evidence include:
- Emergency room discharge orders
- Medical bills and receipts
- Proof of time off from work
- Lab and procedures results
- Medical experts testimony
Any bill, receipt, or document related to your medical care can be used to your advantage for a bigger settlement amount. Save everything, no matter how insignificant you may think it is.
Document Everything
Keeping a diary of everything related to your accident and injuries could be useful to your legal team. When dealing with the stress of the accident and the necessity of doctor’s visits, procedures, and treatments, it’s far too easy to forget about a key piece of information. Writing down your medical care as it happens ensures that your claim includes all out-of-pocket expenses.
Everything you document about your case should be private and only shared with your legal team. Avoid posting anything on social media platforms, as they can be used against you by the defendant. Even posts that aren’t related to your case can harm you.
Establish Liability and Prove Your Injuries
No matter how cut-and-dry you think your personal injury claim is, you should never attempt to file a suit or accept an out-of-court settlement without having an attorney guide you through the process. California personal injury lawsuits should never be attempted without legal counsel.
An experienced personal injury attorney can help you establish liability and proof of your injuries when you file your claim. Your case will go nowhere without proving that you were injured due to a party’s negligence. Working with a strong legal team ensures that your case has the best possible chance of being successful.
