Irrespective of the type of accident and the severity of the injury, proving Negligence of the defendant is the most important job of a qualified and reputed personal injury lawyer. It is easy to say that the other party is at fault since you are injured but for the attorney it is important to prove it without any emotional attachment or prejudice. Everything must be substantiated and supported by proper proofs and documents as law does not believe in anything else but proofs. The attorney has to follow the two basic requirements of personal injury law in this aspect.
Proper Documentation Required
To prove negligence the attorney will require lot of evidences and information, documents and recorded statements of the witnesses, photographs and videos of the accident site. Depending on the type and severity of the case, police verification report, expert witnesses may also be required.All the evidences and proofs should be properly documented by the attorney leaving no scope for any guesswork and assumptions. Everything has to be on paper and chronologically arranged so that it can be presented as and when required by the judge or the jury panel or by the insurance company. It is this burden of proof that plays a significant role in the ascertainment and determination of the degree of negligence on which the claim amount will largelydepend.
The Type Of Negligence
There are two types of negligence, contributing and comparative. In contributing negligence the party at fault is solely responsible for the accident and if you as a plaintiff are found negligent even to the lowest degree then your claim will be nullified and void. In comparative negligence the plaintiff as well as the defendant is at fault to cause the accident. The ratio of negligence is determined and claim amount will be reduced as per your degree of involvement.
