Menu
KILLHAM LAW

How Important Are Evidence And Witnesses In An Auto Accident Claim?


Evidence and witnesses are extremely important in automobile accident cases in Arizona. Because Arizona is a fault based state, you have to prove you were injured and those injuries were caused by the other driver’s negligence. Witnesses can have a huge impact on any claim filed for a personal injury case. Additionally, any evidence collected that will determine who is at fault for the accident could also be crucial to your claim.

What Factors Constitute A Viable Auto Accident Claim?

Because Arizona is a Fault based state, you must prove any injuries sustained were caused by the negligence of another’s actions. Therefore, if you were injured in a collision and it was not your fault, there is a good chance you are able to obtain a settlement from the “at fault” driver’s insurance company or from other sources. The amount of any settlement in a personal injury case depends on the severity of the injury, if the injury is permanent, how long you were seeking medical treatment, how long you were off work and many other factors.

In order to determine the viability of a personal injury claim, you need to ask a few basic questions. First, did you suffer a personal injury, and not just property damage? Were your injuries caused by the negligence of another person? Do you have any recoverable images? If you answer yes to all of these questions, you may be able to get financially compensated by filing a claim for a personal injury in court. However, there are many different factors that affect the outcome of any personal injury lawsuit. In order to bring a personal injury lawsuit, you have to have suffered a personal injury to yourself—your body, your mind, your emotions, or your wellbeing. The damage doesn’t necessarily have to be physical.

Property damage is something separate. It is an injury to your belongings, but it is not an injury to yourself. There may be a remedy available for property damage as well, but that’s not a personal injury lawsuit. In a case where the injury is caused by the negligence of another, if that person is careless and their manner causes an injury to another person or an entity, they would be legally responsible for the injury, and any resulting harm that they’ve caused to another person under negligence theory. If somebody was negligent, then there are additional items or elements that must be proven in order to be successful in that type of claim. The person or entity must have had some form of legal duty to act a certain way towards another person. They have to have breached that duty, by acting or failing to act in a certain way. Those actions have to have caused that injury, and the other person actually has to have suffered damages as a result. There are many factors that come into play to see whether a claim is viable or not, and those are some examples of when it is and when it isn’t.

Why Would Someone Need To Hire An Attorney If They Have Been In An Auto Accident?

When you have been involved in a collision, it can be a very stressful time. There are times when you can handle a claim on your own and do not need to hire an attorney. It really depends on the facts of the case. And every case is different. However, if you were seriously injured, an experienced attorney may be of great benefit to you and your personal injury claim.

Many people believe that the insurance company will handle everything and that they will be fair. Insurance companies have a job to do, and they are not in the business of “being fair.” They are in the business of making money. They are in the business of making their clients the most amount of money they can, and in the process, expending the least amount of money possible.

What Sets Your Firm Apart In Handling Auto Accident Claims?

What sets my firm apart is I operate with integrity, and I’m an honest attorney. My clients have access to me 24/7. A lot of times one of the biggest complaints I hear from people and clients that have hired or have had other attorneys in their past is they can never get in touch with their attorney. Additionally, these “other attorneys” do not provide them with information on the progress of their personal injury claim. I keep my clients informed on the progress of their claim. That lack of communication is a wall, and I pride myself on being available to my clients to answer questions all the time. I think it’s very important to establish a rapport with my clients for the trust factor. I tell my clients or potential clients exactly how it is. I don’t beat around the bush. I inform them regarding the strengths and weaknesses of their case

If the client’s case is strong, I tell my client, you’ve got a great case. We should move forward. If you do not have a good case, I tell the clients that as well. Most people appreciate that honesty and being upfront. I’m not afraid to file a lawsuit and take a case to trial. Clients want to be represented and they want the best outcome for themselves, as do I.

For more information on Evidence & Witnesses In An Auto Accident, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (623) 428-8203 today.

Call For A Free Consultation
(623) 428-8203

Related Articles