The negligent or reckless actions of someone can cause serious injuries to another. As a result, the injured person is forced to seek justice and compensation for damages suffered. Often times, damages include medical and emotional reparation, as well as financial and/or legal recovery. Such circumstances can be overwhelming to address and deal with for anyone, especially when one considers technicalities that usually exist with any legal claim. Below is a general overview of the issue of evidence and the role it plays in when significant injuries occur in an accident. To begin with, are two of the most important factors to be aware of with evidence and how it is handled, regardless if you are the plaintiff or defendant in a personal injury claim.
- Potentially Admissible Evidence. One of the first aspects that must be considered post accident is to thoroughly analyze any evidence the plaintiff may want to use in advance of a case. This is necessary in order to properly prepare and submit a legal claim. Why is this important? Any relevant and compelling evidence that exists will likely be disputed by the defense in an effort to keep it out of the record. Therefore, any and all evidence that may be useful should be examined to establish whether or not it prevails against any legal objections made by the other party. This will assist in preparing the plaintiff with the details of the case and how things will unfold over time.
- Challenges to the Other Side’s Evidence. Generally, when legal matters surface after someone has been injured, the other side is also entitled to provide evidence of its own to evade financial and legal liability. Next, the plaintiff must decide what the evidence could be and how it might affect their position, and then determine if or how they intend to dispute that evidence. The objective of this analysis is the opposite of analyzing its own evidence. This step is employed to establish whether any grounds exist to refute the admittance of that evidence. The case will generally be more favorable for the person injured if less evidence is admitted by the other side to support their defense.
Generally speaking, evidence is an immensely complex issue regarding any type of case or area of law, but undoubtedly it is what frequently wins or loses cases. Unfortunately, even the most cautious driver in the state of Missouri won’t always be able to anticipate the actions of a fellow motorist. Nonetheless, you may be entitled to monetary compensation if you have been in a recent automobile accident that resulted in serious injuries.
Often times, Missouri residents who find themselves in such circumstances file personal injury claims to recoup costs directly related to the accident, for example, medical expenses, property repairs, and lost wages, to name a few. However, many claimants are not aware that it is also possible to seek damages for the emotional trauma caused by an accident. All of these damages should be considered when settling a claim against the negligent or reckless party that caused such injuries.
In most cases, insurance companies typically do not settle claims favorably for plaintiffs. They are in business to make a profit at the expense of the victim. Commonly, insurance companies tend to push for a quick settlement while an injured party is still evaluating the severity of their injuries. Personal injury lawsuits provide a means for to ensure that an injured party is compensated justly. If you or a loved one has experienced injuries due to the actions of another, you should seek the appropriate legal advice and assistance from an experienced personal injury lawyer.
If you have suffered from an accident and are seeking legal advice, contact Hubbard & Kurtz at (816) 472-HOPE (4673), for more information on how to pursue your personal injury claim. Our law firm has extensive experience and knowledge with personal injury law in Kansas. We are eager to provide you with the expertise required to settle your claim successfully!