How Does a Personal Injury Lawyer Prove Negligence?
At Mandell, Boisclair & Mandell, Ltd., our knowledgeable attorneys have a record of success proving negligence n personal injury cases. If you were injured due to another party’s negligence, we can help you seek damages for your physical, financial, and emotional losses. Contact our office today online or at (401) 273-8330 for a FREE case evaluation.
How does a personal injury lawyer prove negligence? Here is an overview of the process:
9 Steps a Lawyer May Take To Prove Negligence
Proving negligence in a personal injury case is a multi-step process—and, ideally, it is a process that should start as soon after the accident as possible. When you hire a personal injury lawyer to represent you, the steps your lawyer will take to prove negligence include:
1. Conducting an On-Scene Investigation
Various types of evidence may be available at the scene of the accident. When you have a personal injury claim, the more evidence you have, the better. Your lawyer may send an investigator to the scene to preserve any forensic evidence, take photos and videos, observe traffic patterns, and document any other information that may be relevant to your claim.
2. Talking to Eye-Witnesses
If anyone witnessed the accident, their testimony could serve as strong evidence of negligence as well. Your lawyer can seek to interview eye-witnesses informally; and, if necessary, your lawyer can issue subpoenas to take their testimony on the record.
3. Obtaining Documents
Many types of documents can be relevant to proving negligence in personal injury cases. The types of documents your lawyer may need to collect will depend on the nature of your accident and the circumstances involved. For example, in car accident cases, relevant records may include:
- The at-fault driver’s phone records
- The at-fault driver’s vehicle maintenance records
- GPS and telematics data from the at-fault driver’s vehicle computer
- Receipts from bars and restaurants
4. Reviewing Photos and Videos
If you took photos or videos at the scene of the accident, your lawyer will review these carefully to determine what insight they provide into the cause of your injuries. Your lawyer will review photos and videos taken by the investigator as well; and, if the accident was caught on video by CCTV cameras, your lawyer can seek to obtain the footage from its owner.
5. Examining Damaged Property
Examining any personal or real property that was damaged in the accident can help with proving negligence as well. For example, if your vehicle suffered a significant side impact, this will help prove that the other driver hit you—and not the other way around.
6. Hiring an Accident Reconstructionist
Accident reconstructionists use the data that are available after an accident to recreate (or “reconstruct”) the events as they transpired. Accident reconstruction can be a highly effective tool for proving negligence in many personal injury cases.
7. Conducting a Legal Analysis
After collecting and examining all of the available evidence, your personal injury lawyer will conduct a legal analysis. The focus of this analysis is on determining whether the at-fault party’s conduct constitutes negligence under Rhode Island law. If it does, then your lawyer can proceed with calculating your losses and fighting to recover just compensation on your behalf.
8. Using the Evidence in Settlement Negotiations
In many personal injury cases, seeking just compensation involves negotiating with the insurance companies. Using the evidence that is available, your lawyer will present the strongest possible case for just compensation. If the insurance company accepts liability, your lawyer will then negotiate for a settlement that reflects just compensation for your medical expenses, pain and suffering, and other losses.
9. Presenting the Evidence in Court
Finally, if necessary, your lawyer can present the evidence of negligence in court. By calling witnesses to the stand, your lawyer can introduce forensic evidence, photos, videos, eyewitness testimony, accident reconstruction, and other evidence all focused on proving negligence to the judge or jury.
If you have more questions about pursuing a personal injury claim, we encourage you to contact us for a free initial consultation.
Mandell, Boisclair & Mandell, Ltd. handles personal injury cases on a contingency-fee basis. This means you owe nothing unless we win. We proudly serve clients in Providence and throughout Rhode Island.