Are you filing a personal injury claim, and you’re trying to figure out how to prove negligence in your case? If so, we’re here to help because if you can’t prove negligence, then you’ve got no evidence.
But below, we’re going to provide you with a guide full of tips that will make proving negligence in a personal injury case easier to do. You can’t stop reading now. Continue for all of the tips and advice that you need.
TYPES OF PERSONAL INJURY CASES
When it comes to personal injury cases, there are a variety of categories that your claim may fall under. For example, if you’ve suffered an injury or illness at the hands of a medical professional, your claim would fall under the umbrella of medical malpractice.
When you’re attempting to prove medical malpractice, you’ve got to prove first that there was a relationship between you and the physician that you’re suing. After that, you’ll need to confirm that your injury or illness was a direct result of the physician misdiagnosing your illness or prescribing the wrong treatment.
Another form of personal injury is a car accident in which you would seek to prove the other driver is at fault for the damage to your vehicle and your injuries. When doing this, you’ll need to have medical documentation of your injuries as well as photos of the scene following the accident.
As you should’ve gathered by now when it comes to proving negligence in a case, it’s about the evidence and documentation that you can produce to support your claim. Without the proper evidence, it can be challenging to develop a strong defense that works in your favor.
Let’s dive into some ways that you and your legal team can prove negligence and get you the settlement that you’ve been looking for.
The first way to prove negligence in a personal injury case is to have supporting medical documentation. Following am accident or injury; you need to seek medical attention and have your injuries evaluated as soon as possible.
If you don’t seek medical attention, it makes it difficult to determine whether the injuries were caused by the accident or if they were existing injuries. There are times when your legal team will have you work with a medical professional that is an expert; it diagnosing injuries or illnesses that are a result of negligence.
It may be on the expensive side but having this documentation provided by being an expert will add value and credibility to your case. And in a situation where evidence is all you have, credibility will go a long way.
In a personal injury case, you can’t have your lawyer summon your spouse and think that they will serve as a key witness in your case. When we say witness testimony, we mean having someone like an expert healthcare professional, physical therapist, or someone else that has expertise in your area of injury to take the stand.
When they take the stand they will detail the correct way that a procedure should be performed. After that they will be asked by your representation what the consequences would be for the patient if the procedure was done incorrectly.
Or what injuries could be caused by someone driving at high speeds through traffic. While the witness can’t pinpoint that the actions taken by the person at fault are to blame for the injury, they can state that it’s likely because of these actions and negligence on behalf of the party at fault the injury, illness, or accident occurred.
When you’re seeking to prove fault in a car accident or motorcycle case, you’re going to want to have photo evidence to present in court. This photo evidence will show the damage that has been done to your vehicle, the other party’s car, and your injuries.
When you’re in court, and you present your account of what took place, the photos will either support that or provide other evidence. Once the images have been submitted, it’s like that your legal representation will bring up a vehicle specialist to discuss the damage done to the car.
From there, they will discuss what the damages would look like in specific scenarios and whether those damages match the ones that are shown in the images. From there, they will continue to analyze whether the injuries sustained fit the accident or if they were before the accident took place.
Another reason that you’re going to want to have photo evidence is to send it to your insurance company. The pictures of the season will support your claim and get you one step closer to receiving the settlement you need to cover the repair of your vehicle.
WHAT DAMAGES CAN I SUE FOR?
When it comes to a personal injury case, you can sue for various damages. If you’ve been put out of work because of your injury or illness, you can sue to have the person at fault compensate you for lost wages. You can also sue to be compensated for medical bills and ongoing therapy that will be needed as you heal.
Another common damage that people sue for is the pain and suffering caused by the injuries that they sustained.
PROVE NEGLIGENCE: IT’S NOT AS HARD AS IT SEEMS
In your injury case, the biggest challenge that you’ve got ahead of you is to prove negligence. When you can determine that the other party is at fault for the accident and caused your injuries, you can then begin discussing a settlement.
If you need a personal injury lawyer, take the time today to contact Roberts Markland. They’re experienced trial lawyers that can help you get the detriment money you need during this time of healing.