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All You Need to Know About the Burden of Proof in a Car Accident Case

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Posted: 19th June 2023 by
Lawyer Monthly
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Have you noticed an increase in reckless driving and dangerous road conditions in Milwaukee?

You're not alone! There's a growing concern for the safety of road users due to multiple traffic accidents. Drivers on Center Street, Intersection 37th, I-94, and I-35 must be extra careful to reach their destinations safely.

A car accident can create a crisis involving ever-growing medical bills, insurance claims, and losses. Handling all these while focusing on your recovery can be overwhelming. That's why contacting a reputable law firm, such as Nicolet Law in Milwaukee, is advisable to get you fair treatment and your deserved compensation.

After an accident, determining liability is crucial. Milwaukee laws require you to present sufficient evidence to convince the court of the soundness of your claims. Personal injury attorneys deliver trustworthy legal aid that puts you in a pole position to receive compensation.

The Burden of Proof

Wisconsin traffic accidents are on the rise. In 2022, the police reported over 115,694 car crashes, 500 resulting in fatalities. Over 7,000 hit-and-runs have also been reported in the area, highlighting the rampant nature of car crashes. Distracted driving, alcohol, and speed remain the top contributors to crash fatalities.

In car accidents, the burden of proof lies with whoever seeks compensation for injuries and losses. You must demonstrate that the at-fault party is liable for the accident. However, the responsible individual could challenge your burden of proof, meaning that you must provide compelling evidence.

An experienced attorney will assist you in navigating the injury claim process. They'll gather sufficient evidence and witness statements to solidify your case. Seeking legal counsel is an excellent strategy when you need to convince the court that the liable party's negligence caused the accident.

What Evidence is Required?

Car accident insurance claims require that you identify and prove liable parties to guarantee a payout. An experienced lawyer can dissect the accident's details and determine negligence by at-fault parties. They do so by providing adequate evidence.

Persuasive and credible evidence is available in different forms. Typically, your lawyer will gather various types of evidence, including:

  • Accident Details

Work with your lawyer to describe everything that happened on that fateful day. You’ll need to furnish them with details about damage to your vehicle, street names, date and time, the weather, and contact information of the involved parties.

  • Testimony of eyewitnesses

Your attorney will also contact eyewitnesses to get an account of everything that happened. These accounts will corroborate what you already shared regarding the accident details. Such information increases clarity on who was actually at fault.

  • Police Reports

An official police report offers objective details about what transpired. The report could include issued citations and traffic law violations at the accident scene.

  • Expert Testimony

In complex accident situations, you might require expert witnesses. Your lawyer could contact medical professionals or accident reconstruction specialists to offer unbiased opinions about liability.

  • Photographs and videos

Your lawyer can present photos revealing the damage to your vehicle. They might require pictures of the overall scene to show who was there and when they were there. The odds of your case get better if you can produce video evidence. An experienced car accident attorney can obtain footage from city officials or the municipality.

  • Medical records

Keep your medical records intact; your lawyer will need them to substantiate the damages claimed. Your documents could include doctor visits, emergency services, surgeries, medications, and hospital care. If you require physical therapy, sustained treatment, or ongoing care, have this information in your medical reports.

Remember that the Wisconsin statute of limitations gives you three years to pursue your claim. Therefore, time is of the essence. After a car crash, consult an experienced attorney promptly and build your case before time runs out.

Find Expert Support

Every car accident is unique, requiring a specialized approach to gathering evidence and negotiating the settlement. You don’t need to get mixed in confusing protocols and endless paperwork after a car crash. Let experienced lawyers help you understand your options and pursue what you deserve. You can focus on your recovery while they do the heavy lifting.

The experts will help you navigate through the legal process and earn fair compensation. They will help ease the frustration of making an insurance claim.

 

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