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"WHAT DO I HAVE TO PROVE IN AN ACCIDENT LAWSUIT?"

There are three things to prove in any accident lawsuit:

  1. You were injured.
  2. The person or organization that you are suing caused your injuries.
  3. The actions that caused your injuries breached a legal duty to you. Most plaintiffs try to prove that the defendant was negligent, which is a legal term for unreasonably careless, but some lawsuits are based on other types of legal duty.

If you can prove all of these, you have proven your case. However, there's another part of trial, sometimes called the "damages phase," in which you will then have to show that your injuries justify the money you're asking for. This may be easy or difficult, depending on your case and how much you're asking for. Your accident lawyer will show medical reports, police reports and other documentation, and may ask experts to testify about your injuries.


 

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