Proving Your Personal Injury Claim

Proving Your Personal Injury Claim

Proving Your Personal Injury Claim

Personal injury claims require that you prove that someone else was at fault for your accident and injury. You need to meet the necessary elements to receive compensation, whether you are filing a claim directly with an insurance company or filing a lawsuit in civil court.

Namely, you must demonstrate that:

  • The liable party or parties owed you a duty of care
  • The party breach its duty
  • The breach led to the accident and your injuries
  • You suffered losses as a result of your injuries

All of these elements prove that another party was negligent and, therefore, should be liable for covering your medical bills, lost income, and other losses.

You Have the Burden of Proof

As the injured victim, you have the burden of proof to show these elements regarding the claim that you filed. This is generally divided into two categories: proving liability and proving damages. To prove liability, your Casselberry personal injury attorney can present evidence to the insurer, such as:

  • Witness testimony
  • Any citations or criminal convictions that show the party violated the law
  • Accident reconstruction analysis
  • Cell phone records
  • Photos or video

Once you prove that the breach of a duty of care caused your accident, you then need to prove your damages, which are the losses you incurred. Your lawyer can present the following evidence to support the amount of compensation you are requesting:

  • Medical bills
  • Doctor testimony regarding future care you will need
  • Pay statement showing lost income
  • Economic expert analysis regarding future lost earnings
  • Journals and witness testimony to show pain and suffering

Speak with Casselberry Personal Injury Lawyers Today

If you have been injured by another person’s negligence, speak with a Casselberry personal injury lawyer today. Call us at 407.452.4918 or contact us online to schedule your free consultation.