What Is the Role of Evidence in Personal Injury Lawsuits?
If you contact a personal injury lawyer about getting the money you need to cover your medical bills after a car accident or other preventable incident that led to your injuries, your lawyer will probably tell you during your first consultation that it is not necessary to file a lawsuit. Personal injury attorneys resolve many more cases by negotiating with insurance companies than they do by suing people. Your lawyer will only advise you to file a lawsuit if your injuries are so severe that your accident-related losses exceed the amount of the policy limits of the insurance policies relevant to the accident, or else if there is room for disagreement about whether the party you are planning on suing is responsible for the accident. Even if you sue, the odds are in your favor that the case will settle without going to trial. When this happens, it is because you have persuaded the defendant that it is inevitable that the court will rule in your favor. If you have suffered severe injuries in a car accident and believe that a lawsuit is the most feasible way to get enough money to cover your accident-related financial losses, contact a Fort Lauderdale auto accident attorney.
Claims That You Must Prove to Win Your Personal Injury Case
In a personal injury lawsuit, the burden of proof is on the plaintiff to show that it is the defendant’s responsibility to compensate him or her for the financial losses incurred because of the accident. To do this, the plaintiff must provide evidence for the following claims:
- The defendant had a duty of care toward the plaintiff. This claim is easy to prove in a car accident case, because everyone has a legal duty to follow traffic laws and to drive safely enough to avoid causing accidents.
- The defendant breached the duty of care. You can prove this by showing that the defendant was at fault for the accident. A police report or a decision by an insurance company can show this.
- The defendant’s breach of the duty of care, in other words, the defendant’s negligence, was the direct cause of your injuries. To do this, you must prove that your injuries are the result of the accident, not of a pre-existing medical condition.
- Your injuries, caused by the defendant’s negligence, are the direct cause of the financial losses for which you are seeking compensation.
What Is a Preponderance of the Evidence?
Unlike in criminal court, you do not have to prove beyond a reasonable doubt that the defendant’s negligence caused your injuries. Instead, you can prevail in your case if you can show that there is a preponderance of the evidence that your claims are true. This means that it is more likely than not that your version of the story is correct.
Set Up a Consultation Today
A car accident lawyer can help you present strong evidence to win your personal injury case. Contact Boone & Davis in Fort Lauderdale, Florida or call 954-566-919 to explore your potential recovery options today.
