Next, You Must Show That This Breach Caused Your Injuries

The next element is known as causation. You may have shown that the other driver broke a traffic law, but you also need to prove that this violation caused the crash and that the crash was the cause of your injuries. Along with evidence discussed above, such as a traffic ticket or video footage showing that the other driver’s actions caused the crash, you will also need medical evidence that the crash is what caused your injuries. This evidence might include:

  • Doctors’ statements
  • X-rays or other scans
  • Expert testimony
  • Photographs of your injuries

It is at this point that the insurance company for the other driver may offer counter-evidence suggesting that your actions contributed to the crash or that your medical condition existed before the accident. Your personal injury attorney will defend you against these charges to maximize the value of your claim.

The Final Element: Proving Damages

The goal of a personal injury claim is to compensate you for what you have lost because of the accident. Therefore, you must prove that you have actually suffered losses, such as physical or emotional impairments, wages or sick time, and future earnings. Your attorney will do this by gathering medical records, bills for treatment, earnings statements, and expert testimony to present to the insurance company or in court if the case cannot be settled. An experienced personal injury attorney will also know how to place an economic value on your pain and suffering and will present that evidence to ensure that you receive maximum compensation.


Kevin W. Mottley
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Richmond, VA trial lawyer dedicated to handling brain injuries, car accidents and other serious injury claims