Each year millions of people seek medical help for injuries they have sustained. In 2022, this figure reached 63 million people. In some cases, a person is injured due to the fault of another such as in a car accident or a slip and fall, making them eligible to pursue a personal injury claim seeking compensation.
To be successful in a personal injury claim, plaintiffs need to present specific evidence which supports their case. This will differ depending on the facts of each case and the types of injuries involved. In this article, we will review the types of evidence plaintiffs typically need to gather if they are to succeed in their personal injury claim.
Evidence of Negligence
A personal injury claim requires a plaintiff to prove that their injuries were caused by the negligence of the other party, or defendant. In legal terms, an individual is considered negligent when their actions fall below the standard of behavior that is reasonably expected of them. This is referred to as a breach of duty and is a necessary element of establishing negligence in a personal injury case.
A defendant’s breach of duty may be evidenced in many ways. For example, a driver who causes an accident by violating speeding laws will have breached their duty of care to other road users. Images from traffic cameras capturing their speed, witness statements from other motorists and police reports can all serve as valuable evidence in support of the defendant’s breach of duty.
By working with an experienced professional such as this Englewood injury attorney, claimants can gather the evidence they need to build a strong and credible claim.
Evidence of Causation
In addition, the plaintiff must also demonstrate that their injuries were a direct result of the defendant’s actions or failure to act. This is known as the principle of causation and is a necessary requirement in establishing the defendant’s fault.
In personal injury cases, defendants often claim the element of causation is absent by arguing that the plaintiff’s injuries predated the accident and were not caused by the defendant’s actions. To overcome these claims, plaintiffs must present persuasive evidence in support of their case.
This might include medical records which document the nature and cause of their injuries, confirming that they arose due to their accident. It may also include testimony from experts such as accident reconstruction engineers who can provide insights into the accident and the types of injuries that are likely to arise as a result.
Damages
Finally, a claimant must be able to demonstrate that they suffered quantifiable losses for which they can be compensated. This can include matters like property damage, loss of income, medical expenses, as well as intangible matters like emotional distress or loss of enjoyment of life.
By gathering evidence such as medical bills, pay stubs, quotes for repairing damage to property and evaluations from mental health professionals, claimants can demonstrate the extent of their losses and strengthen their claim for compensation.
The more evidence a plaintiff can present in support of their claim the more likely they are to succeed and receive the compensation they deserve.
