A personal injury lawsuit is not as simple as getting hurt and filing a claim. There are many elements involved in a personal injury lawsuit. The victim of a personal injury must show that they were entitled to receive compensation for the injuries they sustained through another person’s actions. There are cases that are obvious and quite easy to establish.
There are some cases that will end in a settlement because the at-fault person is so obvious, and other times a case will have to go to court because no settlement that satisfies both parties can be reached. Once the case has reached the court, the victim must have supporting documentation to prove that the defendant is accountable for their damages. Below will be listed elements that the plaintiff will have to show in their case:
The Victim’s Burden of Proof in The Case
The burden in a personal injury case that ends up in the court always falls on the injured party. The plaintiff must prove everything they are alleging in their case. The burden of proof for a civil case is not as strict as it would be for a criminal case. With a civil case, the plaintiff has to show beyond a preponderance of the evidence that the defendant, in fact, did what the plaintiff is claiming. In other words, the plaintiff has to show that the defendant is most likely responsible for the victim’s damages.
The Factors that The Victim Needs To Prove
Every case is different and every plaintiff will have to prove different things. For the most part, there are four factors that a victim most commonly has to prove when they have accused someone of being negligent. Those factors include:
- The plaintiff was owed some sort of duty by the defendant
- That duty was violated
- That violation caused the plaintiff his or her injury
- The injuries sustained led to damages
What Evidence Can be Gathered To Establish a Solid Case?
Triumphing in a personal injury case is all about establishing a solid case. The more evidence a plaintiff gathers, the better outcome they will have in their case. The plaintiff can use all the evidence they can get. These are some types of evidence that will benefit the plaintiff’s case:
- Pictures from the location of the accident
- Pictures of the injuries endured
- Copies of the police report
- Statements of any eyewitnesses
- Medical records
- Documentation that the plaintiff had to miss work
A journal or diary of how the injuries sustained have affected the plaintiff’s life
All of these elements will fortify the plaintiff’s case. With all of this evidence, the personal injury lawyer of the plaintiff will have everything they need to make their way to victory. A personal injury lawyer in Miami, FL at Percy Martinez Law Firm can take on a personal injury case that comes their way
A personal injury lawyer with over 10 years of experience, Ryan Malnar serves Colorado Springs with honesty & integrity.