Personal injury cases present evidence showing how and why a defendant is liable for the victim’s injuries. These cases aren’t as cut and dry as they may seem, and a personal injury attorney must work with the victim to create the claim and follow related laws. Read on to learn what you must successfully prove in a personal injury claim.
Table of Contents
1. The Defendant Owed a Duty
Personal injury laws clearly define the defendant’s obligations and responsibilities. A doctor must provide a high standard of care when treating you, performing surgeries, and diagnosing your illness. In a medical malpractice case, the evidence must start by showing there was a doctor-patient relationship, and the doctor owed a duty to you through this connection.
2. A Breach of the Standard of Care
A breach of the standard of care implies the defendant didn’t uphold their responsibilities to you. The employer must provide adequate equipment and PPE to keep workers safe in a construction setting. The employer must also test and evaluate the PPE and other equipment for risks and ensure proper functionality.
These employee safety requirements define the employer’s standard of care as outlined by OSHA. If a worker becomes injured by OSHA violations, the employer has breached the standard of care.
3. The Defendant’s Direct Negligence
What the defendant did to cause your injuries defines their direct negligence and substantiates a personal injury claim. You prove negligence in a car accident if the liable driver committed a traffic violation.
Driving under the influence is a prevailing cause of auto accidents, and these drivers also face charges in criminal court. However, in civil proceedings, you don’t have to prove that the driver was guilty; you only have to prove that they were liable. The choice to drive while intoxicated can prove direct negligence even if their intoxication level doesn’t exceed the legal limit.
4. Your Overall Losses
You cannot substantiate financial losses without proof. You need invoices from auto repair shops and photographs of your car after the accident. Invoices from your doctor and hospitals show incurred costs for an auto accident. However, medical records must prove that these financial losses resulted from the accident. Victims with ongoing care needs must provide estimates for these medical costs from a doctor.
5. The Impact of These Injuries
How your injuries affect your life is critical in a personal injury claim. You must show if these injuries prevent you from working and for how long. Medical records show if the state will legally define an accident injury as a disability. The most severe injuries are life-altering conditions like traumatic brain injuries and losses of limbs or bodily functions. Any accident-related injury causing permanent circumstances may increase the defendant’s overall liability.
Securing evidence for a personal injury claim helps claimants substantiate these allegations. An experienced personal injury attorney understands legalities and what to do to get clear evidence. Attorneys also know what five factors you must prove to win your personal injury case and how to accomplish these goals.
