If you have been injured and believe that the injury was due to another’s negligence, you may want to file a claim to get the compensation you deserve. However, before a law court can award you damages, you must prove that another person’s recklessness caused your injuries. This involves presenting evidence to prove your case.
“Being able to get compensation for injuries suffered due to the carelessness of another party is dependent on the evidence presented to the court,” says Attorney John Cooper. After an accident, investigations will be carried out to determine the cause. If another party contributed to the accident because of their inability to exercise their duty of care, they will be required to compensate the injured party.
What are Personal Injury Cases?
Personal injury cases involve a person suffering physical and emotional pain and financial losses due to another party’s recklessness. While the injured party may be able to secure compensation without going to court, they may need to file a lawsuit to get compensation in some cases.
Getting compensation for lawsuits like this can be tricky. Therefore, the victim should employ the services of a qualified and experienced personal injury lawyer who could advise them on the best strategy for their circumstances.
Evidence Presented in a Personal Injury Lawsuit
For the injured party to get compensation, they must be able to prove their case. To establish a case, you will be required to present evidence to the court, which can include the following:
#1. Physical Evidence
Physical evidence includes all tangible types of evidence. Moreover, Physical evidence is a powerful way of proving your personal injury case and demonstrating what happened to the jury. There are different kinds of physical evidence, including:
- Tangible evidence, which includes all forms of evidence that the jury can interact with tangibly. Examples include damaged cars and scars from the injuries. Tangible evidence makes it easy for the jury to visualize the accident’s impact on the victim.
- Non-tangible evidence, such as pictorial evidence that gives the jury an idea of the extent of the injury suffered. Admissible evidence may include pictures of initial injuries, scans, X-rays, photographs of the wrecked car, and photographs or videos of operations. This non-tangible evidence allows the jury to understand what you went through during the recovery period and how the injury may have impacted you.
#2. Photographs of Accident Scene
Sometimes, personal injury cases can result from other factors beyond the immediate control of the involved parties. Factors that can lead to an accident in this situation may include poor weather conditions, a defective car part, debris that could contribute to a fall or crash, insufficient road signs, and so on. This evidence is usually part of the accident scene.
During your personal injury lawsuit hearing, you can present pictures of the accident scene to prove your case. This evidence can give the jury greater insight into the cause of the accident before making a decision.
#3. Documents of Losses Suffered
Several documents can be essential in helping to determine fault and compensation amounts in a personal injury case. These documents include a doctor’s report, forms from the insurance company, receipts of medical bills paid during recovery, evidence of purchases made in relation to the accident, police reports, and receipts for repairs of damaged cars. When presented to the jury, these documents can help strengthen your claim.
#4. Testimonies from Witnesses
Testimonies from witnesses can be essential in proving your personal injury case. This is why it is crucial to get the contact details of eyewitnesses after an accident, as their testimony can help advance your case. The jury will accept audio and video testimonies if they cannot be in court physically.
Beyond the testimony of eyewitnesses, certain professionals may also be required to testify during the court proceedings. In some cases, the doctor(s) who treated your injury can be called in as a witness. These testimonies go a long way in helping the jury reach a decisive conclusion over your case.
Gathering Evidence for Your Personal Injury Case
You can gather evidence for your personal injury case in several ways. You should bear in mind that not every kind of evidence is permissible in court. However, it is vital to present your personal injury attorney with something to work with, so keep all the records you can.
To prove your personal injury case, you will need to establish before the courts that the at-fault party has a duty to exercise caution, which they failed to carry out. Also, you will need to prove that whatever injury you sustained resulted from the accident and is not a manifestation of underlying conditions.
It is advisable to hire a personal injury lawyer as soon as possible. Your lawyer will be there to guide you through every step in filing a claim. Where necessary, the lawyer will further investigate to gather more information that will help your case.
Statute of Limitations
A statute of limitations refers to the time frame set out by the state within which an individual is required to file a personal injury lawsuit. In most states, it is recommended that the injured party file a claim within two years of the accident, or the statute of limitations will run. Injured victims who fail to file a claim within this period risk forfeiting their claims.
Learn More about Types of Evidence from a Personal Injury Lawyer
Suffering pain due to another person’s negligence can be traumatic. However, if you are convinced that you or a loved one were injured. Due to another’s recklessness, you can file a claim to pursue compensation. To ensure a positive outcome from the case, you will need evidence to prove your case. Reach out to an experienced personal injury lawyer to learn more about the types of evidence in personal injury cases.