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3 Steps You Must Take to Prove Negligence in Your Car Accident Claim

You recently suffered several serious injuries in a car crash, and now you’re wondering what’ll happen next. Immediately following an accident, you’ll have to pursue legal action to recover the damages. However, this will require you to prove that someone else was negligent in causing your injuries.

Now, you’re probably wondering what negligence is and how to show that someone else is at fault for the accident. The good news is that our car accident attorneys in San Diego can answer all of your questions and explain every step to proving negligence when you file a car accident claim:


Step #1 – Obtain Evidence That Can Prove Negligence
Many different forms of evidence are applicable when you file a car accident claim. Here are a few important examples you should know:

  • Photographs and Video Evidence – The most potent evidence are pictures and videos of the accident. Visual depictions help eliminate any uncertainty surrounding your case.
  • Medical Records – Hospital bills and other medical documentation help establish the financial damages in your case. They also help paint a picture of the severity of your injuries.
  • Admissions of Guilt – Many people are blabbermouths and will declare that the accident was their fault. If someone says they’re responsible, you should record their admission.

Evidence is always your best friend when you’re filing a personal injury claim. Assembling an arsenal of evidence will strengthen your case significantly.


Step #2 – Establishing Negligence
You should also learn and understand what constitutes negligence. We want to explain all the elements of negligence in a car accident claim, which include:

  • Duty of Care – Every driver owes you a “duty of care” and vice versa. This means we all must do our best to prevent accidents and drive responsibly.
  • A Breach of the Duty of Care – You also have to prove that the at-fault party breached their duty of care. In other words, you must show that the driver in question was reckless or careless at the time of the accident. This is often the central issue when it comes to car accident claims.
  • Causation – Next, you’ll have to establish a connection between your injuries and someone else’s recklessness. This is known as “causation” and shows that the at-fault driver is responsible for the accident and your injuries.

The purpose of filing a car accident claim is to recover compensation for your injuries. You’ll have to show proof of any physical harm that requires ongoing medical treatment. In other words, compensable damages are part of the process of proving negligence.



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Step #3 – Calculating the Damages
Once you’ve gathered enough evidence to bolster your claim, you should calculate the damages you’re eligible to recover. A thorough investigation will allow you to obtain compensation for the following:

  • Medical bills and ongoing/future healthcare
  • Lost wages and lack of work opportunities
  • Emotional suffering and trauma
  • Permanent disability and disfigurement

You should pursue all damages that apply to your claim. Remember, the financial impact of the accident can linger for years, and you shouldn’t leave any money on the table.



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Hire a Car Accident Attorney Today
Here at HHJ Trial Attorneys in San Diego, we can oversee your claim and hold every at-fault party accountable. Schedule an appointment with us today, and our car accident and personal injury attorneys can immediately review the facts of your case. Our goal is to recover all the compensation that you deserve.


Testimonial from Fergal, Injured Car Accident Victim in San Diego
Michael and the team at HHJ Trial Attorneys have taken the best care of our clients after they have been involved in road accidents. The care, attention and commitment they provide to all their clients is extraordinary as are their life enhancing results – HHJ Trial Attorneys = Best in Class.

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