Personal injury cases hinge on the concept of
negligence. In order to bring a successful lawsuit against the party responsible
for your accident, injury, and damages, you must show the court that the
other party was negligent.
Simply put, proving negligence is a three-step process involving duty of
care, breach of duty of care, and proximate cause.
In a personal injury lawsuit, the plaintiff holds the burden of proof.
This means you, the injured party, is responsible to demonstrate that
someone else (the liable party) caused your damages. This process starts
with “duty of care,” a legal concept that assumes the defendant
is somehow responsible for the well-being of the plaintiff.
For example, a truck driver might owe duty of care to motorists. Reckless
driving breaches this obligation by placing other motorists at risk of
injury or death.
In a personal injury case, the final step in proving negligence is
causation. Once you show that the other party breached duty of contract, you must
draw a correlation between the liable party’s actions (or lack of
action) and your injury.
Gathering Evidence to Prove Your Case
With the help of a lawyer, you can create a strong case in favor of your
claim or lawsuit. Collecting the right evidence is an integral part of
this process, including medical documents, pictures of the accident scene,
and more. Useful evidence for your case might include:
- Statements from eyewitnesses
- Police reports from the accident
- Medical records of your treatment
- Documentation of missed wages
When to Contact a Personal Injury Lawyer
After an accident, your first priority is seeking appropriate medical attention
for your injuries. Then, contact a lawyer to discuss your legal options
and rights. At Biren Law Group, we are committed to providing the skilled
and aggressive legal counsel our clients need to obtain compensation.
With more than 35 years of experience, we are confident in our ability
to help you. Contact our Los Angeles personal injury attorneys today for