To win a personal injury claim, you need to prove in a court of law that the defendant you’ve named is responsible for your injuries. Here’s what you must know about convincing a judge that you are correctly assigning blame.
What Constitutes Legal Proof of Negligence
A few things are necessary to meet the legal threshold for proof of negligence. First, you have to show that the defendant had an obligation to shield you from harm. Further, you need to demonstrate that there was a breach of duty that resulted in injury. Finally, it must be proven that you suffered a verifiable loss. These damages can be either financial or physical. In many instances, it’s a combination of the two.
What Evidence Proves Negligence
The scene of an accident can be a wealth of material showing who deserves blame. For instance, if you were in a car accident, pieces of a broken car may show how a vehicle collided. Paint smudges might confirm the way contact happened. Pictures are often a powerful tool; take photos of the scene before anything gets cleared away. There may be surveillance video that substantiates what occurred. Be swift about obtaining this footage before it gets erased, either accidentally or on purpose.
If you are lucky, there are eyewitnesses to what happened. Ask those who viewed the accident to provide contact information and record their observations on video. Hire a personal injury attorney to review your list of what interview questions and topics have to be covered.
Police reports are another vital part of building a case. The information within sometimes paints a vivid picture of what happened. Judges and jurors are more likely to believe the word of someone bearing legal authority.
What Testimony Is Necessary To Prove Negligence
Depending on the circumstances of your case, it may be wise to have experts testify. For instance, if you are suing for medical negligence, you probably want a medical professional to speak on your behalf. When manufacturer error is the basis of your claim, you might desire an individual who knows everything about the product your case centers around. Personal injury attorneys are skilled at securing statements from these experts and making their words count.
You deserve compensation for any harm endured as a result of someone else’s irresponsibility or recklessness. If you believe you may have a cause for a personal injury lawsuit, set up a consultation with a personal injury lawyer as soon as possible.