The whole point in filing a car accident lawsuit is to get damages. You want compensation for your injuries and losses. You shouldn’t be left holding the bill for an accident that someone else caused. This is why you call a Boston car wreck attorney in the first place.
In order to get you the damages you deserve, you need to work with your lawyer. Your attorney knows the law. They also know how to navigate the court system. However, it also involves some hard work.
In order to recover damages, you need to prove you suffered a loss. It’s not enough that you were in a car accident. You have to suffer an actual injury if you want to be compensated.
In order to win your car accident lawsuit in Boston, you need to demonstrate negligence. This requires that you show the following things:
- The defendant owed you a duty of care
- They breached that duty
- You were injured
- Your injuries were caused by the defendant’s breach
If your Boston auto accident attorney is able to prove these four (4) things, you’ll have a good chance at recovery. The amount of money you recover depends on how serious your injuries were.
How Does Your Boston Car Wreck Attorney Prove Negligence?
In order to get any sort of damages, your Boston car wreck attorney is going to have to prove negligence. Each element of the cause of action needs to be proven or you won’t recover.
Duty of Care:
Every driver owes the other people on the road a duty of care. Drivers also need to obey all traffic laws. When we learn to drive, we’re constantly told to check our mirrors. There are speed limit signs posted up and down all the highways in Massachusetts. The duty of care is pretty obvious.
Proving breach is the hardest part of your case. Your attorney needs to demonstrate that the defendant did something to cause the accident. He’ll use the following types of evidence to help prove this:
- Police report – The police report will give a description of the accident scene. It will also provide statements from the witnesses and drivers. The officer on the scene will give his opinion of what caused the crash.
- Experts – Your Boston accident lawyer can hire experts to give their opinion of what caused the crash.
- Traffic tickets – If the other driver was speeding or drunk at the time of the crash, your lawyer can submit proof of tickets issues. For example, if a driver was arrested for DUI at the scene, this can help prove that they caused the crash.
It’s not that hard to prove that you were injured. This is why it’s so important that you go to the hospital immediately after the crash. Your lawyer needs to show that you were hurt. If you don’t go to the hospital, there’s no medical records to prove that you were injured.
Your Injuries Were Caused by the Crash:
The last thing you need to prove is that your injuries were actually caused by the accident. This is why you don’t want to wait too long before going to the hospital. If you wait a day or two, the defendant will claim something other than your crash caused your injuries.
It’s the job of your Boston car wreck attorney to prove negligence. But you do need to be upfront and honest with him so they can do this.
Proving Actual Damages in a Car Accident Suit
Once your attorney proves liability, you need to prove how much your damages are. Most car accident cases involve the following types of damages:
- Medical bills
- Property damage
- Lost wages
- Pain and suffering
You’re entitled to recover for both current and future medical bills. Your lawyer will submit copies of all medical bills. They’ll also submit copies of all liens filed by third-party providers. This proves how much you have to repay the insurance companies for any medical treatment you’ve already received.
If your car is damaged in the car accident, you’ll need to get it repaired or replaced. Your attorney will submit copies of all receipts to the court to prove property damage.
If your injuries are serious enough, you’ll miss a lot of time from work. Your attorney will submit copies of employment records to show how much money you lose. They’ll also submit tax returns if they need to prove future earnings lost.
Pain and Suffering:
The hardest part of your damages to prove are pain and suffering. Your lawyer will use testimony from friends and family to show that your life has changed for the worse. You’ll also have to testify about how bad the mental and physical anguish has been.
Call today and speak with an experienced Boston car wreck attorney. The consultation is free and you pay nothing until you win your case.