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What Kind Of Evidence Is Needed In Personal Injury Cases

What Kind Of Evidence Is Needed In Personal Injury Cases

The financial value of a personal injury case depends on facts surrounding the incident, the type and extent of injuries and the quality of evidence that substantiates damages incurred as a result of the negligence of another person or entity.

Proof Of Negligence

In order to prevail in a personal injury case, it is necessary for the injured party to prove negligence. Although there are several types of personal injury claims, certain elements of negligence must be established:

  • A legal duty existed from an individual or business entity to exercise reasonable care.
  • There was a lack of reasonable care.
  • The lack of reasonable care resulted in physical injury.
  • Physical injury or harm as a result of the lack of reasonable care caused damages.
  • Personal injury or harm would not have occurred if reasonable care was exercised.

The injured person, referred to as the plaintiff, must prove that the negligent party, referred to as the defendant, had an inherent duty to protect the plaintiff or the general public. The plaintiff must prove that the defendant's negligent actions or failure to act in a responsible manner was the direct cause of the injury. The plaintiff must prove that damages were directly caused by the negligence of the defendant.

The Importance Of Evidence In A Personal Injury Case

If you have been injured as a result of the carelessness or neglect of another person, you should obtain and preserve evidence of the incident and the injuries you have suffered. If you were injured in a motor vehicle accident, you should take photographs of your injuries, damage to the vehicles and the area in which the accident occurred. You should request a copy of police reports, as they contain vital information that can be used in pursuing a successful personal injury lawsuit. Police reports often include witness information and an initial assessment of liability. You should request copies of all medical records pertaining to the treatment of your injuries, including ambulance reports and emergency department flow sheets. Copies of repair estimates are essential in proving property damage.

When To Contact An Attorney

If you have suffered a serious injury as the result of the negligence of another person or entity, you should seek the advice of a personal injury lawyer immediately. If you have undergone surgery or have been hospitalized, you should seek legal advice right away. If you are unable to do so, your family members can seek legal assistance on your behalf. Your attorney can assist you in pursuing a claim for damages, including reimbursement for medical expenses, property damage, lost wages and loss of future income.