Providing evidence that demonstrates fault and losses in a car accident is key to securing compensation, whether you are pursuing an insurance claim or a lawsuit. A skilled Virginia car accident lawyer can assess your unique case to decide what types of evidence you need, and can then gather that evidence and turn it into a compelling argument to present to the insurance company or at trial.
The attorneys at the Law Office of Steven D. Barnette have spent decades advocating on behalf of car accident victims. We understand the stress and pain you may be feeling after a car accident, and are ready to handle your case with care and compassion. We can handle the complicated process of collecting evidence and will advocate for your rights so you can be fairly compensated for your losses. Contact us today to schedule your free, no-obligation consultation.
Proving Driver Negligence
Anyone operating a motor vehicle has the duty to obey traffic laws and drive responsibly. Driver negligence occurs when a motorist breaches this duty by engaging in irresponsible behaviors such as speeding or distracted driving. If you have been hurt in an accident caused by another driver’s negligence, the burden lies on you, the victim, to prove that their actions led to your injuries. Doing so can require evidence such as eyewitness accounts, police reports, camera footage, and accident reconstruction.
Once you have proven that the other driver’s negligence led to your injury, you then need to calculate and prove the losses that have suffered as the result. These may include:
- Hospital bills and other medical expenses
- Any income lost while being unable to work
- Decreased future earning potential because of long-term injury
- Pain and suffering
- The cost of repair or replacement of your vehicle
What Types of Evidence Will My Lawyer Look For?
There are several types of evidence your lawyer will look for when proving driver negligence and losses.
Documentary evidence is exactly what it sounds like, and can include:
- Photographs or videos of the accident scene
- Photographs of immediate injuries
- Police reports
- Medical records
- Bills and pay stubs
- Notes detailing evidence of pain and suffering
- Tax returns and W-2 statements indicating lost income
Testimonial evidence is given under oath and verbally by people with knowledge of the incident. This may include:
- Eyewitness descriptions of the event
- The opinions of accident reconstruction professionals and other experts
- Testimony concerning your injuries or treatment by medical professionals
Compensation for a Car Accident Claim
After gathering evidence and successfully proving driver negligence and losses, you may be entitled to several types of damages, including:
- Economic damages, which compensate you for quantifiable expenses like medical care, lost income and future earning potential, and property damage
- Non-economic damages, which compensate you for intangible losses like pain and suffering, disability and disfigurement, and diminished quality of life
- Punitive damages, which are not meant to compensate you for your losses but instead to punish the other party for acting in an especially egregious manner
How Steven D. Barnette could help
At the Law Office of Steven D. Barnette, we have years of experience in handling all kinds of personal injury claims. We understand how confusing and overwhelming it can be to gather evidence for a claim while you are also dealing with physical injuries and emotional anguish caused by the accident. Allow us to ease some of your burden by guiding you through this complicated process and advocating for your rights. We are here to help you by gathering the evidence, calculating losses, negotiating a settlement, and even litigating your case if necessary.
But you need to act quickly to ensure you can obtain all the necessary evidence. Contact us today for a free, no obligation consultation with one of our experienced Virginia car accident attorneys, and learn how we can help you get the compensation you deserve.