Your Wasilla Car Accidentby Kristen White Blogger
When a person is injured in a car accident and wants to bring a lawsuit to recover compensation for her injuries, she will have to prove both liability and damages.
To prove liability, one must show that the other driver acted negligently (or failed to use a reasonable degree of care) and therefore caused of the accident. In cases where it was not another driver at fault, a plaintiff must prove that either some person or entity failed to (i) properly maintain the road, (ii) warn of a dangerous condition or (iii) perform some other act or omission that caused the condition that resulted in her accident.
Economic damages (calculable amounts such as medical bills, lost wages and property damage) are provable through documentation. Non-economic damages (more subjective amounts such as pain and suffering) are proven through testimony and, essentially, good storytelling.
Neither liability nor damages can be proven without evidence. The Best Alaska Car Accident Attorney understands the evidence you need to find and how best to use it in order to recover the maximum award for you. Not only must you, as the plaintiff, meet the burden of proof required to demonstrate that the other party was negligent and you were hurt, but the defendant will have evidence of his own which must be controverted.
In terms of evidence needed to prove liability, the first step is the police report, which is typically the only non-biased piece of evidence in a case. Accordingly, the first thing to do after your accident is to call the police and let them do what they have to. However, it is also important to (i) gather as much evidence as possible at the scene, including the name, address, driver’s license number, plate number and insurance information from other drivers involved, (ii) find out if any other driver was in the course of their employment at the time, as this may lead to a claim against a company which may have higher insurance limits, (iii) get the names and contact information of any witnesses, (iv) find out if anyone has taken pictures and ask them to forward them to you, and (v) take photographs yourself of the scene (including traffic signals, skid marks and road conditions), damage to your car and any damage to the other cars.
Evidence of damages comes primarily from medical records that demonstrate the amount of treatment an injured party had. In addition, to help prove pain and suffering, it is advisable to keep a log of all treatment the plaintiff had, when she felt pain, and any negative impact such issues have had on her life. Likewise, property damage claims are supported by records related to car repairs and rental costs. In the case where a car is totaled, receipts for any recent work paid for can add value to such claims. For purposes of completeness, a victim should obtain all hospital records, x-rays and MRIs and evidence of lost wages.
Fatal Auto Accidents
When someone is killed in a Wasilla Car Accident, an estate representative can bring a “wrongful death” claim on behalf of the deceased person. If successful, at trial or through settlement, the monies recovered will typically benefit a “party in interest” or a person that suffers as a result of the decedent’s death. Even though the typical beneficiary is a close family member, any person who suffers financially because of the fatality may also have standing to sue.
So whether or not your auto accident involves injuries to you or the death of another, the best accident attorney can guide you through the process of recovering monies. As such, if you are the victim of a car accident, find an attorney to advocate on your behalf.
Created on Sep 17th 2019 01:49. Viewed 36 times.
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