The Role of Evidence in a Personal Injury Lawsuit

When it comes to filing a personal injury claim or lawsuit, the single most important determining factor is negligence. As damages are awarded to the person who has sustained an injury or property damage due to the negligent actions of another party, important evidence would involve who was found to be negligent and the nature of the injured party’s injuries.

Filing a Personal Injury Claim

The most important step to filing a personal injury claim or lawsuit is enlisting the help of an experienced personal injury lawyer. Your attorney will assess your case and advise you on how best to proceed. They will know exactly what evidence you need to back up your claim and exactly how to get it.

Negligence Evidence

Once one party is determined to be negligent for an accident, that party is liable for damages to any injured parties. Damages includes financial compensation for property damage, such as vehicle repairs or replacement parts that are due to the accident. Damages would also involve paying for any accident-related medical costs such as medical treatment, medication, physical therapy, and any missed wages due to recovery time spend at away from work. Evidence used to determine negligence would include medical reports, police reports, accident reports, and witness testimonials.

Reports as Evidence

When it comes to the role of evidence in a personal injury lawsuit, evidence will not only help paint a picture of the accident itself, but also how it truly has affected the plaintiff (person filing the claim). Medical reports will be released to the plaintiff for them to prove just how they were injured, the extent of their injuries, how those injuries were caused by the accident, and that the injuries were in no way related to any pre-existing medical condition.

In personal injury lawsuits, medical evidence is the most important form of evidence, as it not only proves that an injury has taken place, but also just how serious that injury was and how much compensation they are entitled to receive.

As personal injury claims and lawsuits center around injuries and negligence, evidence involving these two things will play the most important role. If you were involved in an accident that was not fault of your own, you should enlist the help of a personal injury lawyer in Sacramento who can walk you through the entire process.

Apr 3, 2019 | Posted by in Blog | 0 comments

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