If you were injured in an accident caused by negligence, you can seek monetary damages through a personal injury claim. To do so, you will need evidence to support your claim and prove the damages you may be entitled to. Evidence is used in personal injury claims to connect another person’s negligence to your injuries and resulting losses.
Whether you are pursuing a personal injury claim through an insurance company or have filed a personal injury lawsuit in court, evidence forms the building blocks of your claim. Every personal injury case is unique and will have its own set of evidence that a personal injury lawyer will use on your behalf. An experienced Hamilton personal injury lawyer will work quickly to assemble the evidence needed for your claim.
What Do I Need to Prove in a Personal Injury Case?
Success in any personal injury claim usually requires proving the elements of negligence, which include:
Duty
The defendant must have had some duty of care owed toward the plaintiff and others in a given situation. For example, drivers on the road have duties to obey traffic signals and drive with caution for others.
Breach of Duty
When someone else fails to use reasonable care and caution toward others that would be expected of them in a given scenario, they’ve breached their duty. An example of this would be a driver failing to stop at a stop sign or a manufacturer leaving a defective part on a product sold to the public.
Causation
A personal injury plaintiff must show a causal connection between the defendant’s breach of duty and their injuries. It is not enough that the defendant was negligent in some way. The other party’s actions (or failure to act) must have caused the accident victim’s injuries. Causation is often the most highly contested element of a negligence claim – where evidence is absolutely critical.
Damages
The defendant’s negligence must have caused an actual injury to a person or damaged property. Evidence such as medical reports, property repair estimates, proof of lost income, expert reports, and other documentation will help prove this element. A personal injury lawyer will help you assemble all necessary evidence to prove damages.
How Evidence Is Used in a Personal Injury Case
A personal injury claim can potentially use any type of relevant evidence to help prove it is more likely than not that the other party’s negligence caused your injuries and damages. Typically, evidence will fall into certain categories discussed here.
Accident Reports
Accident reports and police reports are made when law enforcement responds to an accident scene or when an injury or death occurs due to an accident. Accident reports are useful in a personal injury case because they are created by an objective source – not one of the parties to the accident. Reports can include witness statements, statements from both the victim and the offender, and critical details about how an accident happened. Your personal injury lawyer will review the accident report to develop your case strategy and to identify important case information.
Video and Photographic Evidence
Photos and video can be essential evidence in any personal injury claim. While witness memories of an accident can be hazy and unreliable, photo and video evidence remains accurate. If you are able after an accident, try to take photos and capture video of the accident scene. Your lawyer will investigate the accident to see if other photo and video evidence is available.
Medical Records
Medical reports and bills can detail what happened to you and how you were treated. It is crucial to seek medical help promptly after an accident – not only for your own health but to document your injuries. Medical records can show an insurance company or jury what happened to you and why you are entitled to payment for your injuries. If you have long-term injuries due to the accident, records of future medical needs can also become part of your claim.
Employment Records
If you had to miss work due to the accident, employment records can demonstrate what you should have earned if the accident never happened. If you run your own business or do freelance work, you can still prove lost income using documentation of your earnings prior to the accident. A lawyer will also use your education and work history to show what your earning potential is – and how the accident affected your income.
Witness Testimony
Witness statements and testimony will be vital evidence in your personal injury claim. Witness testimony can include your own as well as the other party’s testimony. However, the most useful witness testimony can often come from others at the accident scene. Using witnesses who saw the accident and have no financial stake in the outcome will help persuade insurance companies and jurors that the other person was at fault and you are entitled to financial compensation.
For these reasons, try to locate eyewitnesses and get their contact information if you are able to after an accident.
Talk To a Hamilton Personal Injury Lawyer To Learn More About Evidence In a Personal Injury Case
If you’ve been injured in an accident in Hamilton, Ontario, you can seek financial recovery for your losses from the accident. A personal injury lawyer will use evidence to prove your claim. An experienced Hamilton personal injury lawyer can evaluate your claim and gather all available evidence for you. To learn more about your legal options, contact the Findlay Personal Injury Lawyers today at (289) 809-7091.