What Must I Prove to Win My Car Accident Lawsuit?
Car accidents can cause devastating injuries that harm victims physically, emotionally, and financially. When the accident is caused by someone else’s negligence, the trauma is even harder to process. Suing the at-fault driver for damages is a way to make victims whole again after a car accident. Through a personal injury lawsuit, a car accident victim can seek compensation for economic and non-economic damages from the other driver.
What do you need to prove to win a car accident lawsuit? You will need to show evidence proving the other driver’s negligence caused the accident and caused your damages. The keys to winning a car accident case include knowing how a case works and using evidence to prove elements of negligence in a car accident claim. Many different factors can impact the case’s outcome, and an experienced Colorado car accident lawyer can help you navigate your case.
Stages of a Car Accident Lawsuit
How does a car accident lawsuit work? In certain cases, if an insurance provider does not offer a fair settlement to cover your damages, your lawyer will recommend filing a lawsuit.
The case will involve certain steps from start to finish:
- Initial consultation with an attorney. Before a lawsuit is even filed, your case will start by meeting with an experienced car accident lawyer. Your attorney will investigate the case, gather evidence, and build a case strategy based on the unique facts of your case.
- Filing the complaint. Your lawyer will file a complaint against the at-fault driver within Colorado’s statute of limitations, which is two years for a car accident case. Once filed, the complaint will be served on the other party, and they will have a deadline to respond to your lawsuit.
- The discovery process takes place. “Discovery” in a personal injury case is the exchange of information between both sides. Procedurally, this includes interrogatories, depositions, and production requests.
- Pretrial motions are filed. A variety of motions can be filed between the time a case is filed and when it goes to trial. When a motion is filed, the other side has a chance to file a response, and the judge will hold a hearing on the motion. Motions are an essential part of a personal injury case. When used effectively, motions can define the path a case takes or even lead to judgment in favor of one side or the other.
- The case goes to trial. If the case is not settled or resolved at the pretrial stage, a car accident lawsuit will go to a jury trial. There, your attorney will make opening statements, present evidence supporting your case, and deliver an effective closing argument to persuade the jury. The jury will be asked to find that the other driver was negligent and their negligence caused your injuries.
An experienced car accident attorney can walk you through each step of the car accident claims process.
Proving Negligence In a Car Accident Lawsuit
To prove negligence in a car accident case, you must show the following four elements of a negligence claim:
- Duty. The other driver must have had a duty of care to other drivers, including you. This usually includes following the rules of the road, obeying traffic signals, and driving with reasonable caution to avoid accidents.
- Breach of duty. You’ll need to show that the other driver failed to use reasonable care and caution while driving and did not drive as an ordinary driver would have driven under the circumstances. For example, running a red light is an obvious breach of duty. Driving too fast for conditions, making unsafe turns, or driving while distracted can also be breaches of duty.
- Causation. The most highly contested part of a car accident lawsuit is usually causation. This element requires a plaintiff to prove that the defendant’s breach of duty caused the accident and injuries to the victim. You must prove beyond a preponderance of the evidence that the defendant’s acts directly led to the accident and your injuries. Under a preponderance of evidence standard, you only need to show that it was more likely than not that the other driver caused the accident.
- Damages. To collect anything in a personal injury lawsuit, the plaintiff needs to show they suffered damages due to the defendant’s negligence. Damages usually come in the form of medical bills, property damage, lost wages, pain and suffering, reduced earning potential, and other items that can translate into money damages.
If you prove each element of negligence, you may be entitled to recover compensation.
Factors That Can Affect Your Car Accident Lawsuit
Winning your car accident lawsuit can depend not only on the arguments made but on factors that can either boost or hurt your claim.
Some of these include:
- The types of evidence available. If your claim is supported by strong physical evidence, photos, and even video footage, you have a stronger chance of success. A proven personal injury lawyer will go all out to obtain evidence that will help your case in court.
- Credibility of witnesses. If there are witnesses to the accident, their testimony can be essential to proving your case. If a witness can give clear details and recall how the accident happened, that can get you closer to a verdict in your favor.
- Expert witnesses. Experts can be brought in by attorneys for both sides to help explain how a crash occurred and how your injuries affect you. Accident reconstruction experts, forensic experts, and medical experts can all give valuable testimony at trial.
The value of your claim will also be impacted by these critical factors.
Contact Our Lakewood Car Accident Lawyers at Matos Personal Injury Lawyers For Help Today
If you’ve been injured in Lakewood, CO, and need legal help, contact an experienced car accident lawyer at Matos Personal Injury Lawyers to schedule a free consultation.
Matos Personal Injury Lawyers – Lakewood Office
550 S Wadsworth Blvd, Suite 300, Lakewood, CO 80226
(720) 912-7274
Hours: Open 24/7