In any car accident claim or lawsuit, the accident victim has the sole legal burden of proof, which they must satisfy to recover monetary damages.
First, an accident victim must establish the duty-of-care element. In other words, they must show that the other driver owed them a legal duty. This element is straightforward to satisfy since all drivers have a responsibility to drive carefully and safely at all times. Likewise, they have a duty to follow all traffic laws and regulations while they are on the road.
Next, an accident victim must legally establish that the other driver violated their duty of care in some way. For example, the other driver may have broken a traffic law, engaged in distracted driving, or drove their vehicle while intoxicated. Furthermore, the accident victim must show that as a direct result of the other driver's negligent actions or inactions, the accident occurred and led to the accident victim's physical injuries.
Proving these legal elements of a car accident claim or lawsuit is oftentimes an uphill battle, and insurance companies do not make the process easy for accident victims.
Therefore, a car accident attorney can be an invaluable help throughout your pending case.
First, your lawyer can retain several experts to testify on your behalf. If the insurance company is disputing fault for the accident, your lawyer can retain an accident reconstructionist to testify on your behalf. Accident reconstructionists can visit the accident scene, talk to car crash witnesses, and put together exactly how the accident occurred.
In addition, your attorney can retain a medical expert to testify in your case. Medical experts can help to establish that a particular injury is permanent in nature and that it is unlikely to get better with time. Similarly, a medical expert can testify that your injury or injuries directly resulted from the car crash.