Injuries and property damage resulting from car accidents can be devastating for an individual and his or her family. Obtaining evidence of liability is essential to getting compensation for your losses from any parties responsible for the accident that led to your injuries. All too often, this is a step in the personal injury claims process that injury victims may overlook or fail to take. Without the necessary evidence, you may be unable to get the damages that you need and deserve following your accident. Even if it seems obvious that another party is at fault for the accident, you still must have evidence to support your case.
One of the elements necessary to establishing liability in a Wisconsin personal injury case is the breach of a duty of care, or negligence. All drivers owe other drivers, passengers, and pedestrians a duty of care that a reasonable person would exercise in the same situation. When a driver violates that duty of care and causes an accident, he or she often also breaks a traffic law or otherwise operates a motor vehicle in an unsafe fashion. Some common traffic violations that might result in an accident include speeding, operating while intoxicated, failing to signal a turn, or disregarding a stop sign or traffic signal. Evidence of a violation of the duty of care might include a traffic citation or criminal charge against the driver. There also is likely to be a police report from the incident, witness statements, and diagrams or pictures of the accident scene.
You also must prove a direct link between the driver’s negligent act and the accident that led to your injuries. Evidence that can establish that link may include medical records, medical expert opinions, and police reports from the accident. Finally, you must establish the fact that damages resulted from the driver’s negligent act. Proof of damages is typically more straightforward than that required to prove other elements of a personal injury claim. For instance, you can use medical bills to establish your medical expenses. You can use statements from your employer and paycheck stubs to establish the loss of your wages or salary due to your medical condition.
Evidence is an essential part of any personal injury case, but what constitutes crucial evidence in a car accident case may differ substantially from one case to another. For more information about how to properly handle your personal injury claim, contact the Wisconsin personal injury lawyers of Boller & Vaughan today.
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We live in Friendship, Wisconsin, and Boller & Vaughan came to our doorstep to discuss our mother’s wrongful death claim on a Saturday morning. Not only were we pleased with the large recovery, we were so thankful to have lawyers who were willing to explain to us every twist and turn along the way. It is great to know there is a law firm that will fight for the rights of elderly people all over Wisconsin.
Mr. Boller and Ms. Vaughan were incredible in working on my case and my daughter’s case. I was out of work and in the hospital with a new baby. Mr. Boller and Ms. Vaughan protected our rights and it was a pleasure to work with them. I hope never to be in another motor vehicle accident, however, if I am and I am injured, I will contact Boller & Vaughan immediately.
I was referred to Michelle through a friend. I have never had a better experience. It took a little over a year to get my settlement but the staff there stayed in constant contact and kept me in the loop. Oh, and Michelle actually got me MORE money than we discussed. I will refer anyone to this firm. Words cannot do justice the thanks that I have for Michelle and her staff (Mary especially) thank you guys so much!
After my husband died as a result of a motor vehicle accident, Boller & Vaughan spent countless hours talking with me, meeting with me in person, and making sure that I was okay. The drunk driver who hit us did not have any insurance, and we had to make a claim through our own insurance. Boller & Vaughan was fantastic at explaining the law to me and the handling of our claims.
After my son was injured in a daycare setting, Ms. Vaughan took the time to thoroughly investigate our case and my son’s injuries. Michele was approachable and had answers to our questions. Talking with her helped to relieve many of our anxieties.