When you have been involved in a car accident that you are not at fault for, or you have experienced a personal injury due to negligence, you deserve compensation for the damages that you have suffered. In order to achieve the fair and full compensation that you are owed, it is necessary to be able to prove who is at fault for your accident or injury. This task is not always an easy one, and it can be daunting to know how to go about collecting evidence and presenting a case to show liability. Our team of legal experts is here to help. If you are curious how to prove fault, and what evidence you will need to do so, keep reading!
In order to have a case, whether for a car accident or a personal injury, it needs to be determined who was at fault for the damages in question. For it to be someone else’s fault, whether an individual, or a company, it needs to be clear how their actions or inactions directly resulted in the circumstances that caused your injuries or your accident. Negligence entails more than just being injured while on someone else’s property, and the direct correlation needs to be not only shown, but also backed up with sufficient evidence.
Now that fault has been determined, it’s time to figure out how to prove that this party is responsible. The success of your personal injury or accident case depends on the ability to do so. Quite often, tangible and factual proof is more beneficial to your case than theoretical or emotional proof. You or your attorney will need to father as much information and evidence as possible in order to have the highest chance of success in winning your case. This proof is used not only to display liability, but also the impact of the outcome, such as how severe the injury sustained was, and what the total of damages is.
The Evidence You Need
Now that you understand just how important the collection of evidence is, it’s essential to know what specific evidence you should be collecting. (Learn more about how to gather evidence here) While you are on the scene, you should seek out witnesses, or have someone do so for you. Gather testimonies and contact information so you have many first-hand perspectives on what exactly happened.
Another essential perspective to gather while you are on the scene is that of the authorities. Get a copy of the official report that is filed for the accident or the injury, and if there is no report filed, ask if there is a case number or report number that you can use to gather further information in the future.
Also while on the scene, you should obtain as much photographic evidence as possible. If you are able to, take pictures of yourself, your injuries, the surrounding area, and the cars if it was an accident that you were involved in. These photographs can be extremely beneficial in determining exactly what happened.
Immediately after the accident or injury, seek medical attention. It is important to assess what injuries you have sustained so you can heal properly. Keep track of all of your medical reports and bills, as these will be helpful in proving how deeply you have been impacted physically, mentally, and financially.
If your accident or injury happened somewhere that is under video surveillance, inquire about getting a copy of the footage at the time of your incident. This can be irrefutable evidence, and may make your case an easy win.
It is always a good idea to hold onto any paperwork or bills that are related to your accident or injury. If you had to take your car to a body shop, save the receipt for how much you needed to pay to repair the damages. If you needed to rent a car while yours was in the shop, hold onto that receipt. Medical bills, therapy costs, and loss of income are all important to keep track of as well.
In order to make a successful case, it is crucial to be able to prove liability. First, fault must be established, and this responsibility needs to be proven with sufficient evidence. If you have further questions, or you are seeking legal representation, contact our team of expert lawyers today!