How Do I Prove Liability in a California Personal Injury Case?

Most California residents may be unsure whether they have a viable personal injury claim, especially if it’s their first accident. After an accident, the stress and confusion can make it hard to assess the situation objectively, leading to underestimating or overlooking potential claims.

At Hanning & Sacchetto, LLP, our Whittier personal injury attorneys are here to guide you.

Our personal injury lawyers in Los Angeles County can evaluate the specifics of your case, determine if you have a valid claim, and guide you through the complexities of the legal process. One crucial component of filing a claim is gathering evidence, which forms the foundation for proving liability and securing compensation.

What Types of Evidence are Needed to Establish Liability in a California Personal Injury Claim?

Gathering evidence is crucial in a California personal injury claim because, without it, it becomes challenging to demonstrate that the other party’s negligence directly caused your injuries.

That may include:

• Witness Statements

Witness statements are a key part of establishing liability. They can provide firsthand accounts of the incident, support your version of events, and offer details that might not be in official reports. Statements from bystanders, passengers, or even experts who arrived on the scene post-incident can significantly strengthen your case.

Witness statements can add credibility to your claims, especially if the other party disputes the facts. This valuable information can be collected as contact information from others at the scene. Later, our attorneys can conduct interviews or depositions to formalize these statements.

• Accident Reports

Accident reports, such as police reports or reports filed with other relevant authorities, provide an official account of the incident. These reports often contain vital information, including the accident’s time, location, circumstances, and preliminary fault assessments. Accident reports can serve as unbiased, third-party documentation that supports your claim, particularly in cases where there is a dispute over who was at fault.

• Medical Records

Medical records are essential in proving that the incident directly caused your injuries. These records can include doctor’s notes, imaging results, prescriptions, and any documentation of treatment and rehabilitation.

Medical records establish the extent of your injuries and provide a timeline that links them to the accident. They also demonstrate the necessity and cost of your treatment.

• Expert Testimony

Expert testimony is often crucial in more complex personal injury cases. Experts can include accident reconstruction specialists, medical professionals, or industry-specific experts who can explain technical details beyond a layperson’s common knowledge.

This can include expert testimony from:

• Accident Reconstructionist: These experts analyze the accident scene, vehicle damage, and other physical evidence to recreate the incident and determine fault.
• Medical Expert: These professionals provide insights into the severity of injuries, their causation, and their long-term impacts on health.
• Economic Expert: In cases involving significant financial damages, economic experts can quantify losses, including lost wages, future earning capacity, and more.

Most personal injury cases are based on negligence, where you must prove that the defendant’s actions or inactions directly led to your injuries.

That includes:

• Duty of Care: Show that the defendant owed you a duty of care, which may include a driver’s duty to follow traffic laws.
• Breach of Duty: Prove that the defendant breached this duty, which could be by speeding or running a red light.
• Causation: Establish that this breach directly caused your injuries.
• Damages: Demonstrate that you suffered actual harm or losses.

Strong evidence strengthens your case and increases the likelihood of a favorable outcome, whether through settlement negotiations or in court. We can help.

Contact Our Whittier Personal Injury Attorney Today

If you have been injured in an accident caused by negligence in California, call (562) 698-6446 to schedule a free consultation with our experienced personal injury attorneys in Whittier today. We can help you understand your legal rights and options to pursue the best outcome for your unique claim.