While some people assume they can sue for any accident or injury, that’s not always the case. After all, many accidents and injuries can be attributed to age or circumstances that made the ensuing events impossible to avoid. However, in situations where another person, company, or entity was at fault for your injuries, it’s possible to pursue a personal injury claim against them. But in order to have a valid case that will allow you to work with personal injury lawyers to gain compensation for your injuries, there are certain criteria that must be met.
Determining a Legal Claim
In order for you to have a valid personal injury claim, you will first need to meet with an attorney who is experienced and knowledgeable in handling complex personal injury cases. Since most attorneys offer free consultations, this meeting should be used to explain your side of the story and present any evidence you may have against the other party. By doing this, your attorney will be able to ask you questions about the accident, and determine if there is sufficient cause to pursue a personal injury lawsuit. In addition to this, it’s always a good idea to bring documentation of medical expenses, lost wages, and other expenses resulting from pain and suffering.
Once your personal injury lawyers have determined you have a case that needs to be pursued, the next step involves proving negligence was the cause of your injuries. By negligence, your attorney will look at if the other party breached a legal duty owed to you, leading to the accident and your injuries. In addition to the breach, you will also need to show you suffered actual damages from the accident.
The Burden of Proof
In virtually all personal injury cases, the burden of proof lies with the plaintiff. If a case goes to trial, negligence must be proven by a preponderance of the evidence, meaning that a judge or jury must believe it’s more likely than not that your allegations are true. However, as most personal injury lawyers can attest, the vast majority of personal injury cases never make it to trial, but instead are settled out of court. But even if this is the case, using this standard of proof is very beneficial when determining the strength of your case.
What Evidence Do I Need?
Needless to say, to successfully prove your case you’ll need to have a sufficient amount of evidence against the negligent party. Whether you were involved in an automobile accident, a slip and fall accident, or were attacked by a neighbor’s pet, there are certain types of evidence you will need to have in order to win your case. For example, if you were involved in an automobile accident, you should always have a police report the documented the cause of the accident and any damages that were sustained. In addition to this, virtually any type of personal injury case should have photographs showing damages and injuries, records of all medical treatments you have received, paperwork from your employer showing how much time you have missed and the amount of the lost wages, and if possible written or video testimony from a doctor who has been in charge of your treatment. By having as much evidence as possible, you and your attorney can work together to build a strong case that will lead to you receiving the financial compensation you need and deserve.
Speak With an Attorney
If you have been injured due to the negligence of others and believe you have a valid personal injury claim, speak with an experienced attorney as soon as possible. Rather than sit back and let others fail to accept responsibility for their actions, hire a qualified personal injury attorney and take the first step toward getting the justice you deserve.
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