Determining who is at fault – and thus, who has to pay – in a personal injury lawsuit can be complicated. The burden of proof lies primarily with the person bringing the lawsuit – the plaintiff.
So how much proof is necessary for a plaintiff to prevail in a personal injury lawsuit? Personal injury matters are civil cases, and require a minimum standard of proof, also known as the "preponderance of evidence."
Proving who was at fault in a Tyler car crash is largely a matter of determining who was negligent. In many cases, the answer will be apparent – but in some instances, you and your personal injury attorney will need to aggressively advocate your position to obtain the best possible result.
This is why it is essential to document your accident as completely as possible, as soon as possible after it occurs. Be sure you record the following:
Accident – document every detail, including the date, time and location. What was the weather? Light conditions? What did you see? What did you hear? Where were you going? Most cell phones have built-in cameras, so if you have one with you and are able to take some photos immediately following your accident, be sure to do so.
Injuries – if you visit an emergency room or your doctor for any of your injuries, they will have a record for any claim. But you still need to make a note of any other pain or discomfort – physical and mental – that you suffer following your accident. Are you having trouble sleeping? Did some pain appear later – like a stiff neck or sore joint – that you did not have prior to the accident? Make a note of it all.
Loss – beyond the damage to your vehicle, you also need to make a note of any other property that was damaged or lost as a result of the accident. Also make note of any work or school you missed because of the accident.
Even if you were somewhat at fault in the accident, you may still be able to obtain some compensation if the other party was also careless and at least 51% responsible for the accident.
The attorneys of Roberts & Roberts have the skill, experience and resources to fully investigate any serious accident or death. If you have a question about an accident involving a serious injury or fatality, please call 800-248-6000 or contact us for a free consultation.