How Liability Is Established in a Motor Vehicle Accident Lawsuit
You’ve been hurt in a collision. You may not be able to work, now or for the foreseeable future. You may need extensive medical care, some of which won’t be covered by insurance. You may live with persistent or chronic pain, such that you can’t do even the simplest tasks of daily life, such as standing, walking, or sitting, without discomfort.
You have a right to seek full and fair compensation for any and all losses suffered because of someone else’s carelessness. How do you show in court that the carelessness or wrongful acts of another person caused your injuries?
The Standard of Proof in a Personal Injury Case
In all civil matters, including personal injury lawsuits, the person seeking compensation—the plaintiff—must show by the weight of the evidence that their claim is more credible than not. That simply means that the jury must find the plaintiff’s arguments more believable than the defendant’s assertions.
To successfully argue a personal injury claim, the plaintiff must show that:
- The defendant failed to act as a reasonable person would;
- The failure to act reasonably caused an accident or injury; and
- The plaintiff suffered actual losses as a consequence of the accident or injury.
What Types of Evidence Are Commonly Used in a Personal Injury Lawsuit?
Your attorney may use many different types of evidence to support your claim:
- Eyewitness testimony—Personal observation of what a witness saw, heard, or otherwise noticed
- Documentary evidence—Written evidence that relates to the claim, such as medical records, financial records, and insurance contracts
- Physical evidence—Skid marks, vehicle damage, personal injuries, etc.
- Expert witness testimony—Examples include financial experts, accident reconstruction specialists, and medical professionals
- Police reports
Contact the Law Office of Howard D. Popper
At the Law Office of Howard D. Popper, we can help protect your rights when you’ve been hurt in a car, truck, or motorcycle accident. For a free initial consultation to discuss your options after any type of motor vehicle wreck, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.
We handle all personal injury claims, including product liability lawsuits, on a contingent-fee basis. You won’t pay any attorney fees unless we recover damages for your losses.