This is one question that is very dependent on your particular case, and speaking with a personal injury attorney as soon as possible will give you the best answer.
But, typically, you have to start by proving what the duty is that the other driver may owe. You have to prove what duty the other driver owed to the public at large and then you have to prove that that other driver breached specific duties with respect to the injured person. So you have to understand the law, as it is from the law that duties are created. This is why an experienced personal injury attorney can help your case.
From there, a specific set of facts must be presented to prove how that at-fault party breached the duty — it proves that the other driver is truly at fault. It’s important to understand the element of causation, which is the connection between that breach of duty and the injuries that one suffers. Just because some conditions may manifest after an accident, that correlation does not necessarily equate with causation and so one must be very cautious of not confusing correlation and causation. You must prove in litigation that the breach approximately caused specific injuries.
Finally, you must prove the injury with medical advice and documents. This can come from a physical therapist, emergency room doctors, ambulance personnel, treating physicians, family members, friends, co-workers, medical bills, proof of lost wages, and the visible harms of disfigurement.
The process for proving that compensation is in order can be complicated and filled with legalities. If you have further questions, it may be in your best interest to contact a lawyer. Ken Ringstad and Joe Paskvan can answer your questions. Click here to learn more about them, then call or fill out the form for a FREE consultation.