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How to Prove an Injury is from a Car Accident

A car accident is a devastating event when your injuries affect day-to-day life. You may be unable to work or engage in normal activities because of pain and suffering. Recent statistics show that Massachusetts residents suffered 2,753 serious injuries resulting from car crashes on a five-year average. When it happens to you, nothing is more important than getting the compensation you deserve to reclaim your life.

Getting a settlement can be a frustrating journey when dealing with insurance companies. They do all they can to shift the blame to you. Hiring a lawyer to protect your rights is crucial for recovery. Jason Stone Injury Lawyers is here to walk you through the legal process. It is essential in a personal injury case to prove the other party is responsible for your injuries. These are some essential steps to take to help prove your injury took place as the result of a car accident.

Collect Evidence From the Scene

It is critical to collect all possible information from the scene of an accident. This evidence is used in your claim to detail how an accident occurred, what the conditions were surrounding the crash and who might have witnessed the event. The smallest details could make a big difference in the outcome of your claim.

Get a Copy of the Police Report

Requesting a copy of the police report is an important initial step. Police reports provide key pieces of information that your attorney can use to prove your case:

  • Provides an official date and time of the crash
  • Gives the conditions at the time (factors that may have contributed to a crash)
  • Includes vehicles, people and property involved
  • Contains driver, passenger and witness statements
  • Has a sketch of the scene (vehicle paths, accident location and collision details)
  • Presents officer findings and conclusions about the cause
  • Shows if a ticket was issued

Obtain Photos and Videos

Photos and videos after a car accident are invaluable. You have a first-hand record of the accident scene. Photos show the severity of the accident and the type of damage it caused. Additionally, it gives people who were not present a clearer idea of what happened and that you were hurt because of a car crash. This is important when working toward a settlement or proving your case in court. Mobile phones have made it easy to collect this kind of evidence. Also, nearby business cameras that are street-facing could provide video helpful to your case.

Build Claim Details

Once the basic facts of your case are laid out it is important to put together details to fill in crucial information. Your lawyer does this by gathering information that supports your injury claim.

Reviews Witness Testimony

Witness testimony helps build the basis for your case. Third-party observers provide independent accounts of what happened. They can attest to injuries they observed. Unbiased statements from keen accident witnesses are necessary to prove another party’s responsibility.

Looks Up Traffic Safety Laws

Rear-end and left-turn car collisions are accidents where fault is presumed in Massachusetts. Moreover, these types of accidents present with specific types of physical injuries that are caused by car collisions. Your lawyer checks for safety laws that pertain to your case. A violation of safety laws matters when it comes to proving liability in a personal injury case.

Enlists Expert Help

Sometimes proving car accident damage injuries can be tricky. You made need expert witnesses to ensure you get fair treatment under the law. Your lawyer may ask for the expert analysis of an accident reconstruction specialist who understands the unique physics of car accidents. Scientific proof explained by experts can make all the difference in damage claims. This information coupled with expert medical testimony can help prove how certain injuries were specifically caused by a recent car accident.

Puts the Details Together

Your attorney takes all these details about an accident scene along with witness and expert testimony to prove your injuries occurred because of a car accident. There are many types of injuries that are consistent with car crashes, such as whiplash, fractures, contusions, lacerations, soft tissue damage, spinal damage and traumatic brain injuries from impact force. Even if you suffered previous whiplash or spinal injuries from another accident, an expert helps differentiate when those injuries occurred. Newly occurring injuries are marked by different physical factors that a knowledgeable medical expert can point to.

Why Is Proving Fault Important?

It is necessary to show that you were injured in an accident if you plan to file a personal injury lawsuit. Failure to prove injury as a result of a car accident means you won’t be able to recover damages. There are four elements of liability you must prove for a recovery:

  1. Duty: You must prove that a defendant owed you a duty of care. Personal injury cases revolve around a defendant’s duty to a plaintiff. A duty may be the need to follow traffic safety to laws to protect other drivers.
  2. Breach of duty: You must show a defendant was in violation of a duty. A clear breach of duty makes the defendant liable for damages.
  3. Damages: You must prove that you were harmed due to an accident. If you were not injured or no financial losses were incurred, there is no damage claim to pursue.
  4. Injury causation: You must show that a defendant’s breach of duty was the direct cause of your injury.

Your lawyer collects the evidence to prove your injury happened as the result of a car accident and uses this information to support your claim for damages.

Why Do You Need a Car Accident Lawyer?

In many accident cases, a person’s injuries are so serious it is difficult to gather information and evidence after an accident. You need time to heal and may require rehabilitative care. A car accident case requires a lot of communication and paperwork when insurance companies or another party’s legal team is involved. You need someone by your side to represent you and make sure you are heard. These are some of the ways your attorney assists you in a car accident injury claim:

  • Reviews your claim for merit
  • Sends demand for damages (informal or formal)
  • Coordinates the discovery process (collects the facts)
  • Negotiates settlement offers with an insurance company
  • Handles communications and legal motions
  • Provides you with ongoing legal counsel

As many as 96% of personal injury claims settle outside of court, but it can be a battle with an insurance company or legal defense team fighting against you. Your lawyer will oversee the entire legal process, whether you reach a settlement or go to court. The important thing is that you have time to heal while an experienced attorney manages your case for you.

Work With an Experienced Car Accident Lawyer

Jason Stone Injury Lawyers is the team you need to protect your rights when you are injured in a car accident. We understand the physical, financial and emotional changes a car accident can have on your life. When a person’s negligence in an accident causes you harm, we work to help your recover damages, so you have the resources to get your life back on track.

Our Stone Cold Guarantee® is 10 promises we make to ensure you get the necessary personal support and skilled legal representation needed after an accident. We don’t get paid unless your case is settled. Learn more about our services. There’s No Obligation, Just Information®.