If you have been hurt in an accident because of someone else’s negligence, you may be entitled to recover compensation for your injuries and other damages. However, winning your personal injury case will require having enough evidence to prove your claim. Dive into all the details below to learn more about evidence in personal injury cases, including common types of evidence used and how much you might need to have.
What Must I Prove to Win My Personal Injury Claim?
Winning your personal injury claim will require proving that the defendant is liable for your injuries.
Since most personal injury claims are based on negligence, this will require proving all four legal elements of negligence:
- Duty of care: You must establish that the defendant had a legal duty to uphold a certain standard of conduct. In most cases, they must act as a reasonable person would in a similar situation.
- Breach of duty: Next, you must prove that the defendant failed to uphold the accepted standard of conduct. This means that they acted unreasonably, or carelessly, under the circumstances.
- Causation: Establishing causation requires proving both direct and proximate causation. This means that you must show that your injuries were both a direct and foreseeable consequence of the defendant’s behavior.
- Damages: Finally, you must have evidence proving your actual damages. This could include medical records, bills, or other information showing your losses.
If you can successfully prove all four of these elements, you will have a high chance of success with your claim. Failure to prove even one of these elements can cause you to lose your case.
How Much Evidence Do I Need to Win My Personal Injury Case?
In most cases, the more evidence you have, the better. As the victim, or plaintiff, in a personal injury claim, you have the burden of proof in the case. The burden of proof required in most civil cases, such as personal injury claims, is a preponderance of the evidence. This means that you must establish that your version of the facts is more likely true than not.
Put another way, you must have just more than 50% of the evidence in your favor. Think of a set of scales with evidence being placed on each side. Your evidence is placed on one side, while the defendant’s is placed on the other. If you have just enough to tip the scales in your favor, then you have met your burden of proof and will likely succeed on your claim.
Common Types of Evidence Used in Personal Injury Cases
There are many types of evidence that are commonly used in personal injury claims in Georgia. Remember that the Georgia Rules of Evidence will determine which evidence will be admissible in court.
Some of the most common pieces of evidence used in personal injury cases are:
Medical Records
Medical records are one of the most common types of evidence used in Georgia personal injury cases. These records can show the nature and severity of your injuries. They can also help prove that your injuries directly resulted from the accident.
Make sure to keep copies of all your medical records, including:
- Diagnostic test results
- Physician statements
- Bills and receipts
- Hospital records
- Mental health records
- Psychological evaluations
Additionally, you may be able to use records from your primary care physician to prove that you did not have a specific injury before your accident.
Employment Records
Records from your employer can be used to help prove how much time you missed from work due to your injury. You may also be able to show your average wages to prove how much money you lost by not being able to work.
Finally, employment records might be used to show a reduction in your earning capacity if you were forced to accept a lower-paying job because of your injuries.
Photographs
Photos can be a great way to prove both your injuries and the defendant’s careless conduct. For example, in a car accident case, you might take photos of the vehicles and the crash scene to show how the accident occurred.
You may also take photos of your injuries that show the progression of your recovery to prove how much pain and suffering you have gone through, as well as how your quality of life has been affected.
Accident Reports or Witness Statements
A police accident report can be a great piece of evidence because it provides an objective assessment of what happened.
Similarly, witness statements can help prove your case by providing testimony from third parties about what they saw happen. If you are hurt in an accident, make sure that you obtain names and contact information from any witnesses so that you or your lawyer can contact them during the claims process to learn more about what they saw.
Contact the Brunswick Personal Injury Lawyers at Mayfield Law, LLC for Help Today
If you are involved in an accident in Brunswick, GA, you will need sufficient evidence to prove your case in order to recover compensation for your damages. An experienced personal injury lawyer can help you gather the necessary evidence to prove your claim.
Contact the team at Mayfield Law, LLC today at (912) 457-8557 to schedule a free consultation with a Brunswick personal injury lawyer. Let us help you prove your claim and get the justice you deserve.
