If you were injured in a car accident that was caused by the negligent actions of another driver, you may be entitled to financial compensation by filing a personal injury lawsuit against the other motorist. However, in order to be eligible to recover compensation, there needs to be evidence that proves that the allegations you are making against the other driver are true. In legal terms, this is referred to as the burden of proof.

Unlike a criminal case where a prosecutor is responsible for proving that the defendant is guilty beyond a reasonable doubt, a car accident claim is a civil suit, which means that you are responsible for meeting the burden of proof. That does not mean that you should navigate this process on your own. A skilled car accident lawyer can protect your legal rights, help you fulfill the burden of proof, and pursue the best possible settlement outcome.

In order to meet the burden of proof in a civil lawsuit, the following elements must be established:

• The defendant owed you a duty of care. If you were injured in a car accident, you will need to prove that the other driver had a duty to obey the rules of the road, avoid unsafe or irresponsible driving behavior, and exercise reasonable care towards you and other motorists on the road.
• The defendant breached the duty of care. You must be able to demonstrate that the other driver failed to exercise reasonable care. Pictures of the accident scene and statements from witnesses who saw the accident happen can be helpful in proving that the defendant breached the duty of care.
• The defendant’s negligence caused the accident and the resulting injuries. You must be able to prove that your injuries were caused by the accident. This can be difficult to prove if you have a pre-existing condition. A car accident lawyer will collect the necessary evidence to prove that the defendant’s negligent driving caused your injuries, including medical records, video surveillance, and witness statements.
• You suffered financial damages. The breach of care must have resulted in financial damages in order to make a personal injury claim. You must also provide evidence that supports the damages that you are seeking, including medical records, hospital bills, and doctor’s notes.

The following are examples of how a car accident lawyer can protect your rights:

• Extensive knowledge of damages. An experienced car accident lawyer can explain the financial compensation you may be entitled to in a personal injury lawsuit, including medical expenses and property damage. In addition, if your injuries prevent you from returning to work, you may be owed lost income, as well as pain and suffering.
• Identify injuries and property damage that may not be obvious. Oftentimes, certain injuries may be not obvious immediately following an accident. When the shock of the accident causes adrenaline to course through the body, you may not feel any pain or other symptoms of an injury until hours, or even days later. Your car accident lawyer understands that this is a common occurrence and can pursue the maximum damages you deserve.
• Negotiate on your behalf. Insurance companies will use a range of tactics to avoid paying a large settlement. Your car accident lawyer can anticipate these tactics and may negotiate a fair settlement amount.

If you were injured in a car accident, do not hesitate to contact our Mount Holly car accident lawyers at the Law Office of David S. Rochman . We can protect your rights, help you establish the burden of proof, and seek financial compensation on your behalf. To schedule a free consultation, call us today at 856-751-2345 or contact us online . Located in Mount Laurel, New Jersey, we proudly serve clients throughout Burlington County and the surrounding areas.

The post What Is Burden of Proof in a Car Accident Claim? appeared first on Mount Laurel Personal Injury Attorney | Call 856-751-2345.