After a serious accident caused by someone else’s negligence, you could have a legal right to seek compensation in a personal injury claim. To win your claim, you will use evidence to back up your case and prove the at-fault party is responsible for your damages. Evidence in a personal injury case must connect the other party’s negligent act to your injuries.
Evidence is what turns an accusation against someone into a real case that can lead to financial compensation. Every personal injury case has its own set of facts depending on the accident and injuries involved. An experienced Atlanta, GA injury lawyer will use different types of evidence to prepare your legal strategy and build a strong claim.
Proving Negligence in a Personal Injury Case
Winning compensation in a personal injury claim typically requires the claimant to be able to prove the elements of negligence.
These include:
- Duty of Care: A plaintiff must prove the defendant owed some duty of care or responsibility to act in a certain way under the situation. For example, drivers have a duty of care to follow traffic laws and drive safely to avoid car accidents. A car accident attorney can help demonstrate how the defendant failed to uphold this duty, which is a key element in building a strong case.
- Breach of Duty: When the defendant failed to act with the care and caution they should have used in a situation, they could have breached their duty. For example, a driver running a red light breaches their duty of care to other drivers on the road.
- Causation: Plaintiffs must show a clear link between the defendant’s conduct and the plaintiff’s injuries. An action or failure to act must have caused the accident. The connection can’t be hypothetical or have other factors intervening. As an example, if the plaintiff was involved in a multi-car accident with the defendant, but another driver hit both vehicles during the accident, that might break the chain of causation. Evidence such as video footage, photos, police reports, and physical evidence can help prove causation.
- Damages: The plaintiff must have suffered actual damages, such as physical injury, medical costs, and damaged property. Evidence, including medical reports, proof of lost wages, and other documentation, can prove damages.
Evidence is critical to proving each element of negligence in a personal injury claim.
Types of Evidence in a Personal Injury Case
In a personal injury case, you will use evidence to prove it was more likely than not that the defendant caused your damages. Evidence can be used during an insurance claim or in court during the legal process.
Evidence commonly used in personal injury cases includes:
- Accident Reports: Accident reports are usually made when police officers respond to an accident scene. Especially where there are injuries or property damage, an accident report can be a critical piece of evidence. Police reports are helpful because they are created by a neutral party who was not involved in the accident. When facts are disputed, and both sides are pointing fingers at each other, accident reports are evidence that can help clear up the confusion. These reports can include diagrams, witness statements, the location of the accident, weather conditions, and other key details.
- Video Footage and Photographic Evidence: Witness accounts of an accident can be unreliable, but photographs and video recordings can provide clear evidence of someone’s wrongdoing. If you are able to take photos and capture video after an accident, make sure to do so. In many situations, surveillance images and video might be available. Your lawyer will track down photos and video footage that can help prove your claim.
- Medical Records: Medical records and medical bills can explain how you were injured and what you were treated for after an accident. Make sure to seek medical attention after an accident. This is important not only for your health but for a potential personal injury claim. Medical records will show an insurance company or trial jury what happened and why you deserve payment for your injuries.
- Employment Records: Accidents can cause injured victims to miss work – sometimes for long periods. Injuries from an accident can also reduce a victim’s future earning potential. Employment records can show what you were earning, the income you missed out on, and how your overall income was impacted by the accident. If you are self-employed, documentation of any potential income you lost due to the accident can be used as well.
- Witness Testimony: Witness testimony is also key evidence in a personal injury claim. Eyewitnesses who saw the accident can often provide some of the best evidence available. Witnesses usually have no stake in the outcome of your case and no reason to lie about what happened. Their statements can carry a lot of weight in a personal injury claim, and your attorney will use witnesses to support your case whenever possible.
A lawyer can help you gather all the evidence you’ll need to successfully prove your case.
Schedule a Free Consultation with an Atlanta Personal Injury Lawyer Today
Were you injured in an accident in Atlanta, Georgia? You could be entitled to financial compensation from the negligent party. In a personal injury claim, different types of evidence can be used to prove your case. The experienced Atlanta personal injury lawyers at Hammers Car Accident & Personal Injury Lawyers can evaluate your claim and collect the evidence you’ll need to obtain payment. Contact our law office online or call (770) 900-9000 today to schedule a consultation.