Getting medical care should be your first priority after a car accident, but getting legal help should be a top priority as well. If you were injured in an accident, then you could be left with quite costly medical bills, lost wages from work, and immense pain and suffering.
Our lawyers can help you get all of these damages compensated, whereas insurance might seek to undercut your damages and pay out as little as they can. Insurance claims in Georgia pedestrian accidents are usually paid by the at-fault driver’s insurance, and that insurance company will be unlikely to admit fault and pay everything they owe you without a fight.
For help with your case, call the pedestrian accident lawyers at Howe Law today at (844) 876-4357.
What is Needed to Prove Your Pedestrian Accident Case in East Point, GA?
To prove that the other driver was at fault and get yourself the damages you need in your injury case, you will need evidence. You will also need to show that all four elements of your injury case are met, and you will need to meet the “burden of proof” for your injury case. Our pedestrian accident lawyers can help with each and every step of your case, guiding you throughout this complex process and handling interactions with the defense, court filings, and other complex tasks.
You will need evidence of what happened in the accident, who is at fault, and what damages you suffered.
If the accident was caught on camera, getting the security or surveillance camera’s footage will be great evidence, but most cases are instead based on the victim’s testimony as to what happened, along with testimony from other witnesses and supporting evidence, such as photos of the injuries and aftermath of the accident. All in all, the evidence of what happened will be quite broad and varied.
You will also need evidence linking the defendant to the crash. That means getting their license plate number and identifying their car as the one that hit you. It also means properly identifying the driver in court and testifying that that was the person driving. You will also need evidence of what they did wrong, such as proof that they blew through a red light or hit you while you were legally in the crosswalk.
Lastly, you will need evidence to prove what injuries you suffered and how much they cost you. This evidence can include medical bills themselves, pay stubs to prove lost wages, other receipts and financial statements to prove other expenses, and testimony and evidence of the pain, emotional distress, and other intangible effects of the injuries you faced.
Elements of Your Case
As mentioned, proving the driver’s fault and your damages are important. That is because they are tied to some of the elements of the underlying “negligence” claim your lawsuit will be based on.
To prove negligence, you need to show the driver breached a legal duty and that that violation is what caused your injuries and damages. Often, proof of a traffic violation – such as failing to yield to a pedestrian in a crosswalk or drunk driving – will be enough to supply the breach of duty elements. To prove causation, you need to show that this driver’s mistake is what led to the crash, as opposed to your own actions or another party’s actions. Lastly, you can prove damages by presenting the evidence discussed above: pay stubs, medical bills, etc.
Burden of Proof
You need to provide enough evidence to convince the jury that what you are saying is true, but how much is enough? The burden of proof in a civil injury case like a lawsuit for a pedestrian accident is known as a “preponderance of the evidence” standard. People think of this as a “51% standard” in that you need the jury to believe it is “more likely than not” that your claim is true. If they believe the defendant’s story a bit more than your story, then you lose; if they believe your story a bit more than the defense’s, then you win.
What Damages Can You Win in a Pedestrian Injury Case in East Point, GA?
If you can provide sufficient evidence and get the jury on your side, you should meet your burden of proof and win your case. However, you do not need to meet any burden of proof if you can convince the defense to settle your case. Even so, it is important to have your lawyers review any settlement offers to make sure you are receiving what you deserve.
Insurance companies and defendants often settle to avoid needing to fight about legal questions in court. They instead pay you at least some of what they owe you to end the case early. However, low settlements should not be accepted without deep consideration, and you might want to go to trial to try to get full damages instead of a weak settlement.
In pedestrian accident and injury cases, you should be entitled to full compensation for any medical bills you faced because of the crash, any lost wages the injuries eventually cause you, and compensation for any pain and suffering related to the accident. This often means high damages, especially if you suffered quite severe injuries. Getting all of these damages covered is important, and insurance companies are often unwilling to pay everything they owe without a lawyer pushing them to pay or a court ordering full damages.
Call Our Pedestrian Accident Attorneys in East Point, GA Today
Call Howe Law’s pedestrian accident lawyers today at (844) 876-4357.