What Proof Is Required to Establish Third-Party Liability in Personal Injury Cases?
Proving third-party liability in personal injury cases means collecting evidence that documents the at-fault party’s actions, negligence, and financial responsibility. You do not have to meet this legal burden on your own, though. A personal injury lawyer will navigate this process for you, interpreting state requirements and establishing the elements of negligence that open the door for financial recovery.
They can also clarify what evidence is needed to prove third-party liability in personal injury cases and collect it for you. This evidence can vary greatly based on the type of accident you were involved in and the damages you seek to recover.
What Does Evidence in a Third-Party Personal Injury Case Have to Prove?
To pursue a person or entity for financial compensation after an accident, the collected evidence has to prove their negligence using these four components:
- Duty of care—The at-fault party’s responsibility to act in a safe manner and provide you with reasonable care
- Breach of duty—The at-fault party’s action did not meet the standard of care
- Causation—The accident would not have happened if it weren’t for the at-fault party’s actions
- Damages—The accident caused the injured party to suffer financial expenses and losses
Proving these elements on your own can be a challenge. A Fort Lauderdale personal injury lawyer will review your case and the evidence, clarify state laws, and stress the importance of the accumulated evidence in proving the legally required elements of negligence.
The Importance of a Solid Evidence File in Your Third-Party Personal Injury Case
Personal injury cases typically settle out of court rather than at a trial. This outcome happens based on the weight of the evidence and its indication of negligence. If you hire a lawyer, they will use this information to steer your case toward a financial settlement.
Evidence for Third-Party Liability in Personal Injury Lawsuits That Proves Cause
Neither your representatives nor those of the liable party were present at the accident, so both depend on the evidence to tell the story of what happened. Proving third-party liability in personal injury cases can include collecting evidence like the following:
- Medical records. This documentation proves the cause of your injuries and their extent.
- The accident or incident report. These can contain a wealth of information, including police-generated photos and smartphone and dashcam videos.
- Accident scene photos. They can capture the accident’s immediate aftermath and provide details that include points of impact, vehicle damage, and readily apparent injuries.
- Witness statements. This testimony provides objective information on what happened before, during, and after the accident from varying vantage points.
- Expert testimony. These accounts can include accident reconstruction reports and medical and other expert witnesses.
Your personal injury attorney will collect this information and use it to build your case file and leverage a fair and appropriate settlement.
Evidence for Third-Party Liability in Personal Injury Lawsuits That Proves Costs
Proving third-party negligence allows you to file a personal injury insurance claim or lawsuit for financial compensation. This portion of the evidence in your third-party liability case may include:
- Medical bills. These will document your medical expenses, from emergency care at the accident scene to your current medical status.
- Written prognosis. This will include the type and length of care you will require.
- Proof of income. Your wage statements can prove the value of the income you could not earn while you were injured or recovering from your injuries.
- Property repair bills. These invoices may include estimates for the cost of restoring your property to its pre-accident condition or replacing it altogether.
This evidence can help demonstrate the monetary value of your recoverable damages.
How Long You Have to Build a Personal Injury Case
You don’t have forever to gather evidence and file a case, so it’s best to get to work as soon as possible. Per Florida Statutes § 95.11, you generally have two years to take action against the other party. If you put off your case, you risk missing the deadline, which could leave you without options for compensation.
However, if you involve a personal injury attorney early, they can help ensure you comply with the two-year statute.
Let Our Personal Injury Law Firm Start Fighting for You Today
If you or someone you love was injured in a negligence-based accident, our personal injury law firm can demand compensation, gather the evidence needed to prove third-party liability, and build the strongest possible case file for you.
The Law Offices of Wolf & Pravato is standing by, ready to hear your case and find out how we can assist you. Our team offers free, no-obligation case reviews, and we work on a contingency-fee basis. That means we don’t charge upfront fees and only get paid if we secure a financial outcome on your behalf. So contact us (954) 633-8270 to start a free case review.