6 Types of Evidence You Need to Win a Car Accident Claim in Costa Mesa
Did you know that only about 1-2% of car accident claims ever make it to the courtroom? It makes sense, too, because lawsuits are time-consuming, expensive, and complex. It’s in both parties’ interests to simply analyze the evidence and then come to a reasonable agreement.
If you were recently involved in a car accident, then you’re likely wondering if it’s time to hire a Costa Mesa car accident lawyer to help. A good lawyer will assist you in navigating your car accident claim by helping you collect all the evidence you need to prove the other driver was at fault. Once you have this proof, it’s very likely that the other party will agree to settle the situation by paying out what you owe. Learn more about the types of evidence you’ll want to secure in order to win your case.
1. Proof of Negligence
California courtrooms adhere to a comparative negligence standard, which means that each driver will be held legally liable for damages based on the percentage of fault attributed to them. In other words, if the other party didn’t cause but only contributed about 10% to the accident, then they’ll still be held 10% liable for the losses of the crash.
If you can prove the other party was negligent, then that will establish their legal liability. Consider evidence like police reports, photographs, or video evidence that show the other party’s negligence.
2. Show That You Were Not At Fault
Since California is a comparative negligence state, it’s very likely that the other party will attempt to argue that you were at fault or contributed to the crash, too. This argument is so common because it can potentially reduce the amount of money the other party owes to you.
If you can prove that you weren’t at fault, then that will absolve you from bearing any of the losses yourself. Consider providing proof like dashcam footage to show that the accident was outside of your control. Street surveillance cameras can also work in your defense.
3. Supporting Documentation Specifying Injuries
Next, you need to prove that you suffered injuries that were a direct result of the crash. To do so, you need to seek out official medical attention in a timely manner after your accident. If your accident was severe, then you were likely treated at the scene before being taken to the hospital. If that wasn’t the case, then it’s still important to seek out medical care as soon as possible.
When your doctor diagnoses you with an injury or condition, then make sure to get a copy for your records. This will serve as proof that you got injured. The follow-up step to this is also ensuring you follow the physician’s treatment plan. If you do not do this, it can be viewed as a sign that your injuries were not actually serious or did not cause pain and suffering.
4. Written Proof of Damages
Of course, you won’t be able to receive a medical diagnosis for free. It will cost you money to go to the doctor, and it will cost even more if you really are injured. Treatment could appear minimal, but it could also last for an extensive period of time. For any medical bills incurred, be sure to keep records of everything. Be sure to include things like prescription pill costs, the cost of physical rehabilitation, and more. Any long-term care should also be included in this estimate.
Similarly, retain billing for car repairs, vehicle towing, rental car costs, and any other vehicle-related expenses. All out-of-pocket expenses and debt can be reimbursed if you win your case.
5. Evidence of Your Property Damage
If you were in a car accident, then it’s likely that your car suffered damage. Get evidence of your property damage by taking your car to a repair shop. Ask for an estimate of how much it will cost to repair your vehicle. Before agreeing to the charges, though, get a few other estimates, too. That way, you can prove the extent of the property damage the other party caused.
When a car is “totaled,” the cost to repair it typically exceeds the value of the car itself. Therefore, if your car is beyond repair, and you need to purchase a new vehicle, then you can also recover damages.
6. Record of Any Further Losses
Finally, you’ll want to get documentation and proof of any other losses you’ve accumulated as a result of your crash. For instance, did you miss time off of work? Get your employer to write you a letter that explains how much income you lost as a result. Did you suffer emotional distress that resulted in therapy sessions? Bring proof of your sessions and bills that show how much you paid.
There are a number of damages that can be compensated for, but those without an in-depth understanding of dealing with similar cases may not be aware of them. This is why it’s so important to work with an experienced car accident lawyer in Costa Mesa, CA. They will possess the experience and local legal knowledge to get injured victims the compensation they deserve.
Are You Looking for a Costa Mesa Car Accident Lawyer?
Are you currently going through the process of collecting evidence to prove your claim? Are you attempting to negotiate with the other party or your insurance company to get the compensation you deserve? While you can certainly tackle this challenge on your own, it makes a lot more sense to hire a Costa Mesa car accident lawyer to negotiate on your behalf.
Contact Mesa Accident Lawyers today if you’re looking for help with your Costa Mesa car accident claim.