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.