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The Burden of Proof Is a Heavy Responsibility
Being involved in an auto accident sets off a difficult chain of events. At a time when you should be focused on healing, you’re likely worried about mounting medical bills and other expenses. Fortunately, injury victims are often entitled to financial compensation. This will vary by case, but you can maximize your recovery by properly documenting damages in a North Carolina car accident. However, this is easier said than done.
That’s because few people realize just how much documentation they’ll need. Even if a person’s inquiries are severe and liability seems clear, the burden of proof still remains on the plaintiff’s shoulders. This is why it’s critical to understand what needs to be proven and how to prove it following an auto accident that results in injuries. If you’re able to get this right, you’ll likely secure maximum compensation.
First, Understand What Must Be Proven
One important thing to understand is that no online legal resource listing potential evidence can be exhaustive. Some strange items have been used as proof in personal injury cases. This includes social media posts, GPS data, vehicle modifications, medical devices, and even unusual odors.
Because of this, it’s important to understand what you’re trying to prove instead of just how you can prove it. In most cases, you’ll need to provide evidence that establishes the following:
- Defendant had a duty of care: It’s necessary to show that the defendant had a duty to avoid potentially harmful actions. This is often simple to prove since all motorists are expected to drive safely.
- Defendant violated their duty: The evidence must show that the defendant violated their duty of care. Anything that proves they were speeding, improperly changing lanes, or engaged in other reckless behavior will suffice.
- Damages or harm resulted: Violations of duty are common on American highways. However, it’s only when these violations lead to harm (e.g., injuries, financial loss) that the defendant becomes liable for damages.
Regardless of how you document damages after a North Carolina car accident, your underlying goal is to establish these facts. If you manage this, there’s a strong chance that your attorney can negotiate a fair settlement on your behalf. And if the insurer refuses to properly compensate you, your legal counsel can take them to trial.
How to Document Damages in NC Car Accidents
Understanding what the burden of proof requires creates a solid foundation to build your case upon. However, now it’s time to collect the evidence necessary to establish liability and support your damage claim. This process often starts at the scene of the accident. However, don’t fret if you weren’t already gathering evidence — because it’s never too late to get started.
What to Do Immediately After the Accident
The most important step following any serious car accident is to prioritize safety. Make sure everyone is okay, and if you’re injured, don’t make things worse by trying to gather evidence. However, those who are able should contact authorities and collect information on the scene. This should include contact, insurance, and vehicle information from the other driver — along with the names and contact info of any witnesses.
Documenting the Scene
The scene of an accident tells a story. Everything in the vicinity — from the other driver’s car to nearby bushes that could obstruct views — can play a role in damage recovery. If possible, take photographs of everything you can think of — including skid marks, vehicle damage, traffic signals, road conditions, and other relevant factors.
You should also take a moment to write down a detailed description of what happened. This should include the time, date, weather conditions, and any other factors that may have contributed to the accident.
Medical Documentation
Under North Carolina law, injury victims can recover economic and non-economic damages after an auto accident. Each of these can be substantial, but economic damages are typically the most common due to expensive medical bills. However, you’ll need to keep track of all medical documentation to ensure you’re properly compensated.
Make sure you visit a doctor — even if you think you’re not injured — since you may have hidden injuries. You should also keep copies of everything related to your care. Medical records, test results, bills, prescriptions, and documentation for anything else healthcare-related are critical. You may even get compensation for transportation costs to the doctor!
Vehicle Damage Documentation
Even if you haven’t sustained serious injuries, auto accidents can still be costly due to vehicle damage. Make sure you get a repair estimate from a reputable shop. You should also hang onto any receipts for repairs you have performed — along with car rental documentation from when your vehicle was out of commission.
Proof of Lost Wages
When people gather documentation to maximize recovery after a North Carolina auto accident, they often only focus on medical bills and property damage. However, injury victims are also frequently able to recover financial compensation for lost income. If you were unable to work due to your injury, gather documentation (e.g., pay stubs, tax returns) that shows the wages you’re missing out on.
How to Maximize Recovery Following an Auto Accident
Documenting damages after a North Carolina car accident is critical if you want to maximize your financial recovery. However, all the evidence in the world means nothing if it’s not utilized properly. For instance, envision a scenario where the evidence clearly shows you deserve compensation. In this case, the insurance company may offer a settlement — but it may be much lower than you deserve without you even realizing it.
Similarly, imagine a situation where your case goes to trial. The jury may believe wholeheartedly that the defendant violated a duty of care and caused you harm. However, what happens if you don’t recognize the full scale of compensation available to you because you didn’t speak with a North Carolina personal injury lawyer? In this case, the courts may give you everything you ask for — which could easily be less than you deserve.
Don’t let this happen to you. At Rowland & Yauger Attorneys & Counselors at Law, we’ll fight hard to maximize your recovery by documenting all damages and tirelessly advocating on your behalf. Contact us at 910-947-2280 to schedule your free consultation.
