October 08, 2017
Proving a Personal Injury Claim
When you bring a personal injury claim against someone who has harmed you whether it’s a car accident, fall or workplace mishap, you are going to have to prove that you have the right to recover compensation for your injuries. In some situations, it can be easy to prove… but not always. Sometimes it’s clear cut but other times a case finds its way to court — often because liability is not clear or because no reasonable settlement could be obtained.
Proving Liability in an Accident Situation
This can be tricky, but if the fall occurred at the business it’s likely there were witnesses that can attest to what happened to you or security camera footage is available. Getting settlements from traffic accidents can be a little more difficult because there isn’t always proof of fault, especially if the defendant disagrees with the claim you are making. Again, witnesses are the best reliable source in these situations. Your insurance company might try to fight you on settlement money as well.
Critical Facts to Consider After an Accident:
- Were you on your cell phone?
- Were you looking away from the road?
- Did you miss a step?
- Were you holding anything while walking?
- Was there a handrail available to use?
- Was it icy or wet outside?
Obtaining Information for Your Case
You need to provide all the proper hospital bills and records to your lawyer for a start. They need to be able to prove what type and how serious your injury is, along with the costs of treatment and loss of income and duration of the healing process. Obtaining hospital records can take a while because it isn’t the hospital’s top priority to copy records. Consider finding a lawyer who has staff dedicated to making sure records are acquired quickly. A plaintiff who wants to prove his or her case needs to gather as much evidence as possible.
Some examples of evidence to collect are:
- Photographs from the scene of the accident
- Police reports of the accident or action surrounding the injury
- Eyewitness of the accidents statements
- Medical records
- Proof of missed work due to injury
- A daily journal of how your injuries have affected your life