A personal injury claim is a civil case that is filed on behalf of an injured accident victim for harm caused by someone else’s careless, reckless or wrongful acts. In a personal injury case, the injured victim bears the burden of proof – meaning it is up to the victim to provide evidence that proves their claim.
What Must Be Proven in a Personal Injury Claim?
The main elements that must be established in a personal injury case are liability, causation and damages. Liability, or legal and financial responsibility, determines who is at fault for the accident. Causation shows that the accused party or defendant’s actions caused the victim’s harm, while damages refer to the injuries or losses suffered. Evidence plays a critical role in establishing all of these facts.
Medical Records
A personal injury case centers on the claim that the filing party or plaintiff suffered an injury or some other type of harm due to the fault of another party. Medical documentation is key to proving the existence, nature and extent of a plaintiff’s injuries. Examples can include hospital records, medical bills, treatment plans, x-rays and doctor’s reports.
Accident Reports
Official reports that describe and document the accident can be instrumental when it comes to proving a personal injury claim. A police report that describes a car accident, for example, can include key information such as a diagram of the crash scene and whether either driver received a citation for violating a traffic law.
Other types of accident reports that may be relevant to a personal injury case are work injury reports, business incident reports, and safety violation reports from official agencies, such as the Occupational Safety and Health Administration or the Federal Motor Carrier Safety Administration.
Photographs and Videos
Visual documentation can provide an unbiased and accurate depiction of the accident, property damage or the victim’s injuries. Images of a hazardous condition could help prove liability in a slip and fall accident case, for example, while a video of a motor vehicle accident could demonstrate which driver broke a law.
Witness Testimonies
Statements from witnesses about what they saw or what they know in relation to the incident can help lay the groundwork for a claim. Eyewitnesses, or individuals who saw the accident take place, can provide valuable insights into what happened in the moments leading up to the incident. Expert witnesses, such as accident reconstructionists or medical experts, can help a judge or jury understand complicated issues related to the claim.
How Much Evidence Is Needed?
The burden of proof that must be met by a plaintiff in a personal injury case is “based on a preponderance of the evidence.” This standard of proof means that the plaintiff must demonstrate using evidence that his or her version of events is more likely to be true than not true; in other words, that there is at least a 51 percent chance that what the victim is claiming is accurate.
While winning a personal injury suit does not require proof beyond a reasonable doubt, as in a criminal case, meeting the burden of proof can still be difficult as a victim. An experienced personal injury attorney can provide invaluable assistance by preserving, gathering and presenting compelling evidence to support your claim. Contact our firm today to discuss your case during a free consultation.