There are certain things which you must prove in a personal injury case to win and ensure you have a valid personal injury case to make the claim. You must be able to prove that the other person or business had a duty to act in a reasonable way considering the circumstances, that the other person or business did not act reasonably, that because the other person or business did not act reasonably, which caused you the injury and you did get injured. Now the question is how to prove these four facts in the court. This post aims to answer it all.
The first three facts revolve around what happened. To prove what happened, you need copies of reports of police, incident, witnesses, photographs, and any other evidence that you deem necessary. If you believe any of the reports are incorrect, you’ll need other evidence like witness statements to show that the reports are wrong.
As a side note, in car accident cases, the fact that the one driver was given a ticket is not admissible as evidence in a civil personal injury case. It must be proven that the driver acted unreasonably and breached his/her duty without mentioning the traffic ticket. So don’t rely on the fact that the other driver got a ticket as proof that the other driver caused the car accident.
As another side note, if you were injured in a car accident, you need photographs of scene and cars. Photos need to show what you saw, so that other people can understand and visualize what really happened. Car photos need to show all of the damage, so that other people can visualize how the cars collided and understand how you were injured. With slip and fall cases, take photos of any uneven surfaces or any slippery substances if the substance is still there.
The fourth fact that you need to prove your personal injury claim is your injury. This is proved with copies of lost wage statements, medical records, photographs, and any other evidence that you believe will prove your injury. With medical records, be sure to get all of the records. Take photographs of all injuries. It’s better to show a bad bruise or black eye than to merely say that you suffered a bad bruise or black eye. The lost wage statement, medical bills, and other bills are used to prove the actual out of pocket cost that you suffered.