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Jeffrey E. Estes & Associates
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What Evidence Do I Need to Support My Car Accident Claim?

May 16, 2017/in /by damg20

If you were injured by a negligent driver, the success of your personal injury claim will hinge on the strength of your evidence. If the at-fault driver denies liability or if the insurance company disputes your claim, you will need extensive evidence to prove negligence, liability, and the value of your damages.

This is where an injury lawyer can help. Attorneys Jeffrey E. Estes and Alton J. Smith can investigate your collision, gather evidence, interview witnesses, and help you fight for the maximum compensation.

Estes and Smith have more than 30 years of litigation experience. Call 855-290-8080 to schedule a free consultation with a San Diego car accident attorney from Jeffrey E. Estes & Associates.

What Evidence Do I Need to Support My Car Accident Claim?

In order for your personal injury claim to be successful, you or your attorney must prove that the at-fault driver owed you a duty of care, breached that duty, and the breach of duty caused your injury or loss. You must also prove the value of your damages.

All drivers have a duty not to behave in a way that puts other people at risk, so proving duty of care simply requires evidence that the at-fault driver was in fact driving. However, proving a breach of duty of care can be much more complicated.

The best approach depends on the specific facts of your case. For example, if your accident occurred because the at-fault driver was speeding, your attorney may be able to prove a breach of duty of care with the police report, witness testimonies, photos of the crash scene, and the testimony of an accident reconstruction expert.

If the at-fault driver was drunk, your lawyer may also rely on the toxicology report to prove negligence. If your accident involved a commercial truck, your attorney may use data from the truck’s event data recorder (EDR), or “black box.” The EDR tracks important data about the truck’s high speed, average speed, and hours on the road.

Proving the Value of Your Damages

There are three main categories of damages that might be recoverable in personal injury cases: economic, non-economic, and punitive damages.

Economic damages have an objectively verifiable value. Examples include medical bills, vehicle repairs, and lost income. Non-economic damages are more subjective in nature. They include mental anguish, pain and suffering, and loss of consortium.

Punitive damages are not available in all personal injury cases. They are intended to punish a defendant for acting with malice, or a conscious disregard for the safety of other people.

Your attorney may use the following evidence to prove the value of your damages:

  • Medical bills;
  • Paystubs;
  • Income tax returns;
  • Mechanic receipts;
  • Testimony from a medical expert; and
  • Testimony from a financial expert.

Recovering fair compensation in a personal injury claim is rarely straightforward—especially if you intend to claim non-economic or punitive damages. If you would like to discuss your case with an injury lawyer in San Diego, contact Jeffrey E. Estes & Associates.

Both Jeffrey E. Estes and Alton J. Smith hold AV Preeminent ratings from the Martindale-Hubbell attorney rating service. Call 855-290-8080 today to arrange a free initial consultation. You can learn more about car accident claims by visiting USAttorneys.com.

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  • Our Verdicts and SettlementsNovember 13, 2021 - 2:59 am
  • Hello world!November 8, 2021 - 8:32 pm

Our Verdicts and Settlement

Experience matters. Of course, you need a lawyer who knows the law, but you also need someone who has the experience necessary to give informed counsel. Estes and Smith have extensive experience litigating serious injuries and accident claims related to motor vehicle accidents, including but not limited to commercial truck accidents, construction site equipment accidents, tour bus accidents and aviation accidents. They have won substantial settlements and verdicts for past clients.

  • $15 Million

    Negligent design and construction of a freeway interchange.

  • $6 Million

    Settlement to 3 young adults injured in an accident, their vehicle left an unmarked roadway and entered onto a construction site resulting in severe injuries.

  • $2 Million

    $2 Million confidential settlement involving sexual assault by a bus driver on cognitively impaired passengers.

  • $1 Million

    $1 Million settlement with the LACMTA arising out of a bus versus pedestrian accident.

  • $3.5 Million

    Obtained a $3.9 million dollar judgement for client who sustained severe head injuries in a roll over vehicle accident.

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Based on 9 reviews.
Pablo Guevara
Pablo Guevara
2021-06-08
I first retained the services of Jeffrey Estes about 20 years ago. I have referred friends and coworkers to him. They've all been very happy with the outcome due to the great service and the tremendous financial compensation. I highly recommend Jeffery Estes & Associates for your personal injury attorney. Do not settle with insurance companies without Jeffery and his team's representation.
Ana Hribernik
Ana Hribernik
2020-09-15
Jeff made all of the difference on my families case. I can't thank him and his whole team enough for their kindness, hard work and determination to get my case resolved!
Whitney Mason
Whitney Mason
2020-09-04
Jeff was a godsend. Truly thankful for his good work on my case. The whole team there at the office is phenomenal. I couldn't have expected a better result. I can't recommend this firm enough.
Alberto Malave
Alberto Malave
2020-08-20
I had an outstanding experience with Mr. Estes and his whole team. Very professional firm! Compassionate, honest and very reliable. He took great care to thoroughly explain the entire process from start to finish. Highly recommend!!
Stephen Kluthe
Stephen Kluthe
2019-04-22
Had an excellent experience with Jeff. He helped me through a personal injury case that I had where I was injured in a car accident. He did an excellent job preparing me for the trial and representing me. His professionalism is top notch and he's genuinely nice and easy to connect with. He was able to win the case for me and got a judgment much higher than I had even imagined which has been absolutely life changing. I would recommend him to everyone looking for services he provides.
Wayne Mealhouse
Wayne Mealhouse
2019-03-28
Holly Hauske
Holly Hauske
2018-02-07
I'm very pleased with my representation of Attorney Estes! He represented me in a profession manner, and was able to litigate my case out of court. I would totally recommend Attorney Estes should an accident be involved, especially caused by another person and they have done your bodily harm and totaled your vehicle.
Amanda Pentiuk
Amanda Pentiuk
2018-02-07
Mr. Estes is both professional and down to earth. He took the time to explain things to me and was always there when I called. I am forever in debt to him for what he did for me winning my automobile accident lawsuit. The compassion that he showed for me made me feel like I was part of his family and I cannot say enough good things about him both as a human being and an attorney.
Dee Branch
Dee Branch
2017-06-06
Attorney Estes was very helpful and knowledgeable in giving me details about my case. He handled it personally and got me what i felt i deserved. Highly recommend hiring this attorney if you want one that will take your case personally and be with you every step of the way!

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We offer clients free initial consultations, and do not bill you unless we have successfully recovered damages for you.That means that there are no costs up front, and you pay nothing unless we win a recovery on your behalf.

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    Jeffrey Estes Injury Lawyers, A Professional Law Corporation, provides legal counsel, personal service and aggressive representation to people involved in truck, car and related motor vehicle accidents.

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