Every car accident occurs under unique circumstances; thus, you cannot equate any two exclusive incidents. That is why it is essential to seek the services of a car accident lawyer to understand how you can prove the guilty party’s liability. Consequently, you can receive your much-deserved compensation.
If your accident occurred in Florida, it is advisable to seek the services of a local attorney like an Ocala injury attorney (if your injury happened in Ocala) to increase your chances of fair compensation. Car accident lawyers understand the burden of proof required to build a strong case against the at-fault party. Here are three ways a car accident lawyer can help you determine liability.
Determining Liability
Due to the unique nature of every accident, lawmakers have made statutes that dictate what it entails to be liable for a car accident. Interpreting said statutes and using them to determine liability can be challenging for the average citizen.Â
However, a lawyer will ensure your liability claim meets the thresholds that prove someone else was responsible for causing you harm. They will define and demonstrate the following factors:
Duty of Care
A car accident lawyer will help define and prove the person who caused the accident owed you a duty of care. You must prove that the at-fault party did not act reasonably so as not to cause injury to others or damage to property. Proving duty of care is the most straightforward, as every driver owes others a duty of care by being licensed.
Breach of Duty of Care
The attorney will then define and prove the defendant breached the said duty of care. That involves showing that the at-fault party did not act reasonably based on the circumstances leading up to the accident. For instance, they will show that the at-fault party acted negligently by driving while drunk or while distracted, for example, while in the middle of a phone call.
The Breach Resulted in An Accident
You have to show that a defendant’s negligent actions contributed directly to the accident even though the defendant had a duty of care to you and breached it. That means the lawyer will validate all your claims about what caused the accident using the evidence gathered.
The Accident Resulted In an Injury
Lastly, a lawyer will help prove the at-fault party’s liability by showing the accident caused your injuries. The injuries could be physical or psychological, resulting in substantial medical expenses while trying to remedy your medical condition.
Gathering Relevant Evidence From The Scene
Proving liability is only possible if you have the evidence to back it up. Thus, it is essential to hire a lawyer because they understand what evidence will work in your favor during a hearing. For instance, the lawyer will ask for any video and photographic evidence you may have recorded before and after the accident, like evidence of damage to your vehicle.
The lawyer can begin building a case based on the evidence provided and your statement. They will back up the evidence you provide by getting the accident’s police report, seeking eyewitness reports, and collecting video evidence from eyewitnesses, traffic cameras, and cameras on surrounding buildings.
Getting Evidence of Damage
A lawyer will help you prove liability by getting evidence that shows you suffered injuries and damage because of the accident. Firstly, they will compile all the records of any repairs done to your vehicle after the accident as proof you incurred vehicle improvement expenses.
The lawyer will also gather evidence proving you suffered mental or physical damage from the accident. It involves providing copies of your treatment records, like medical prescriptions, and diagnostic images, like CT scans, MRIs, and x-rays. The lawyer will also compile documents showing you received post-treatment care, like physical therapy and the medical bills incurred from the treatments.Â
Conclusion
As the victim of a car accident, proving someone caused your injuries can be challenging, especially if you are physically unwell after the incident. It is thus more prudent to hire a lawyer who will competently prove who was liable for the incident that resulted in bodily injuries and damage to your property.
