Personal injury claims can be used to bring negligent parties to justice and compensate victims of an accident. In any personal injury claim, you must provide substantial evidence to support your case and prove negligence. Contact a Geneva, Illinois personal injury lawyer for answers to your legal questions and to obtain help from an experienced attorney.
Why is Evidence Important in a Personal Injury Claim?
When you file a personal injury claim you are attempting to bring the liable party to justice and pursuing compensation to cover your expenses and losses resulting from the accident. One of the most important aspects of a personal injury claim is establishing negligence.
Negligence is an individual’s failure to exercise the care that a reasonable person would given a similar situation. Proving negligence is crucial in ensuring that you can be awarded the compensation you rightfully deserve. There are four major aspects of establishing negligence.
- The defendant owed the plaintiff a duty of care
- The defendant breached the duty of care
- The breach of duty led to the plaintiff’s injuries
- The plaintiff sustained damages
Evidence is necessary to prove the above. Without solid evidence backing up your claim, you may not be able to prove negligence and be offered a settlement.
What Evidence Do I Need to Support a Personal Injury Claim?
The more evidence that you can obtain supporting your claim, the better off your case will be. The following and more can all contribute to a satisfactory outcome.
- Photos and videos of your injuries and the scene of the accident. It is important to show the extent of your injuries and damages. Also, the environment of the accident could have changed or been altered between the day it happened and the day you filed your claim. Capture evidence of what the space looked like as well as any hazards present.
- Witness statements can also prove beneficial. Information from individuals who saw the accident from an outside view can offer insight to back up your claim.
- Records of your injury will be important when determining how the accident has affected you. Obtain medical records and organize the bills you received for appointments, surgeries, medications, physical therapy, etc.
- If an accident or police report was filed it can also offer information regarding professional opinions from the scene of the accident.
- Information regarding your employment and income can also show how you were impacted by your injuries. Provide paystubs, absences, missed opportunities, and more to exemplify your losses at work.
- Companies and individuals are also responsible for ensuring the safety of their property and machinery. Request access to inspection logs and safety records. If there was a lapse in safety checks or inspections it could contribute to your case.
Expert opinions, video surveillance, and more can also contribute to your case. The evidence required depends on the type of personal injury claim you are filing. Reach out to an attorney at O’Brien Law, LLC for individualized assistance.
