What Kind Of Evidence Might I Need In A Personal Injury Lawsuit?
If you have been injured due to someone else’s negligence, you have every right to sue and pursue compensation. But filing a lawsuit is not the same as winning a settlement, and you don’t automatically receive funds. Instead, you’ll need to prove that you actually deserve compensation – and the only way to do this is with solid evidence. But what kind of evidence do you need? And what exactly are you trying to prove, anyway?
What You Need to Prove
Before you start gathering evidence, you need to know what you’re trying to prove. The main goal in a personal injury lawsuit is to establish negligence. This process revolves around the four “elements of negligence:”
- Duty of Care: First, you need to show that the defendant owed you a duty of care. If you slipped and fell on spilled liquids at a grocery store, the property owner owed you a clear duty of care.
- Breach of Duty: This is where evidence starts to come into play. You need to show that the defendant breached their duty by engaging in negligent or dangerous behavior. Note that the lack of action can be just as dangerous as certain negligent actions.
- Causation: Next, you need to show that there was a clear link between their breach of duty and the injury. For example, the slippery liquid in the grocery store might have caused you to fall and injure your hip. If you walk through the puddle and later fall in the parking lot, there is no causation.
- Injuries: Finally, you will need to show that you suffered legitimate injuries as a result of your accident. You can do this by showing medical records, missed wages, and more.
Useful Evidence in a Personal Injury Lawsuit
Here are some examples of useful evidence in a personal injury lawsuit:
- Surveillance Footage: In the modern era, surveillance footage is very easy to find, and it may have captured your accident in detail.
- Photos of the Accident Scene: You can also take photographs of the accident scene after your injury with your phone.
- Witness Testimony: If anyone has seen your accident, you can ask them to testify on your behalf.
- Medical Records: Your medical records can clearly prove that you have suffered legitimate injuries.
- Expert Testimony: Experts can be called in to provide their opinions on why guilty parties were negligent.
- Documents: Internal documents within a company may show clear signs of negligence or the awareness of risks. These include emails and texts.
- Police Reports: A police report can be an excellent source of evidence, especially in the case of a car accident.
Where Can I Find a Qualified Personal Injury Attorney in Orlando?
If you’ve been searching for an Orlando personal injury attorney, look no further than Payer Law. Over the years, we have helped numerous injured plaintiffs pursue meaningful compensation, and we can do the same for you. During your consultation, we can assess your unique situation and determine which evidence might help your case. From there, we can help you gather evidence and present it. We can also assist with virtually every other aspect of your lawsuit – from negotiating for a settlement to arguing in court if necessary. Book your consultation today to get started.
Sources:
forbes.com/advisor/legal/personal-injury/elements-negligence/
law.cornell.edu/wex/negligence
