In the aftermath of a serious accident, a lot of people don’t want to deal with the burden of litigation. However, seeking a legal remedy may be the best way to address some of the hardship from an injury and facilitate recovery. If you need to assert a claim for damages against a person or business entity responsible for injuring you, here are some things that you need to know about successfully seeking compensation.
Identify Relevant Evidence
Evaluate the circumstances that led up to your accident to identify any evidence that may help you establish your claim. Examples of evidence about the cause of an accident may include photographs of the scene, surveillance footage, or witness accounts. You will also need evidence about your injury which may include medical records and diagnostic imaging. Seeking out guidance from the best injury attorney in your area as soon as possible may help you gain access to key evidentiary support for your claim.
Meet the Applicable Burden of Proof
In all personal injury claims, a plaintiff must show that what he or she is alleging is true by a “preponderance of the evidence.” This evidentiary standard is a legal term signifying that there is evidence to indicate that a plaintiff’s assertion is truthful and correct. Note that this differs from the legal standard that most people associate with litigation which originates from criminal trials, “proof beyond a reasonable doubt.” In other words, a civil plaintiff who can make an evidentiary showing which indicates that what he or she alleges is more likely than not could prevail when seeking a remedy under statutory law.
Send a Demand to the Responsible Party’s Insurer
In many states, there is a statutory requirement that people put claimants in touch with their insurance carriers directly as soon as they receive notice of a claim. An insurer may elect to settle a claim out of court so long as a claimant can establish that there is sufficient evidence to win his or her case on the merits.
If an insurer will not willingly settle a claim for a reasonable amount or opts to expend its resources on trying the matter in court, this does not necessarily mean that you should give up on a claim altogether. Experienced legal counsel can help prepare evidence for trial and make the necessary legal filings in accordance with the laws of the jurisdiction in which an accident took place. So long as you can demonstrate sufficient evidence, you may be able to get a judgment in your favor.