Personal Injury Claims: What Do I Have to Prove to Win My Case?
There are three things that you have to prove in order to win your car accident compensation claim:
- Breach of Standard of Care:
You will need to prove that the person that caused the accident did not meet the standard expected of a reasonably competent driver. In other words, did they do something that they should not have done, or did they fail to do something that they should have done?
If you can prove that the negligent driver breached the standard of care, you must also prove that the breach actually caused your injury (or made a pre-existing injury worse). For example, if you had chronic low back pain before the car accident, it may be difficult to prove that the car accident caused your back pain. But you may be able to prove that the accident made your pain worse.
You have to prove what the consequences of the injury have been so that the court can award damages for pain and suffering, and any income loss and/or medical expenses as a result of your injury.