How does an accident attorney meet the legal burden of proof in a personal injury case?
If you’re considering legal action against someone who caused you a serious injury, contact our service today to speak with an experienced accident attorney Van Nuys LA provides. Our network of attorneys assist clients with accident claims, settlement negotiations, and lawsuits.
A Van Nuys accident attorney through our Los Angeles service may help you recover maximum damages from your injury. Very likely, the person who caused your injury may be held legally responsible for reimbursing your accident-related costs. That could include money you would have earned from working had you not been injured.
In order to recover your accident related costs, an accident attorney in Van Nuys LA must meet the legal burden of proof in identifying who is responsible for your injury. There are several ways in which they do this. Every case is different but the following guidelines provide an overview of how an attorney might present their case to a judge and jury.
Case Preparation
A successful accident attorney Van Nuys LA clients refer to others in the community is one who carefully prepares a solid case to present in a courtroom. Though the negligent party’s attorney may settle the case before it goes to trial, a good attorney would likely prepare for litigation regardless. This is for two reasons:
- If the case goes to trial, they would be prepared with a strong case.
- If they have a strong case and are prepared to go to the trial, the at-fault party’s attorney may be more likely to avoid going to court. This is because if they lose, the jury award may be much higher than a settlement. This fear often brings them to the negotiating table and with a serious commitment to negotiating a fair settlement with the victim.
Investigation into the Accident
Every story has two sides to it. In this scenario, there’s your version of how the accident happened, including who is at fault. Then there’s the other side, and the other party may actually blame you for what happened. Before their insurance company decides to settle and cut you a check, they want to be sure they’re legally obligated to do so. Your attorney and the defendant’s attorney will separately investigate the accident which caused your injury. An accident attorney Van Nuys LA offers may want to find out everything possible about the following:
- How, where, when, and why the accident happened. If it was a car accident, they will probably send an investigator to the scene and take photos of the location and any relevant landmarks. If it was a slip and fall accident, the photos may focus on what caused the fall.
- Medical evidence, or lack thereof. If you were seriously injured, there should be documentation about your injury from the attending physician, the first responders, etc. If you are currently being treated, more medical information will be available from your physical therapist or other providers. If there is a lack of proof as to the seriousness of your injury, the accident attorney Van Nuys LA victims recommend you hire may refer you to a doctor who can testify on your behalf.
- Financial information. Because the goal is to receive compensation for your injury-related costs, your attorney will want to know the resulting financial damages you’ve incurred and may incur into the future. He or she will also need proof of your earnings in the event that you’ve lost work as a result of your injury, or those you anticipate losing if, for instance, you must undergo surgery.
If you would like to meet with an accident attorney Van Nuys LA residents turn to after an accident similar to yours, contact us today for more information.