If you claim that you have been hurt in an accident, it is in your best interest to produce as much evidence as possible to verify that claim. However, how much evidence do you need to prove your case? Also, what type of evidence should you bring to settlement talks or produce at trial to increase the odds of winning your case?
How Much Evidence Is Required to Prove Your Claim?
In a typical personal injury case, you will need to prove that negligence led to your injuries. Therefore, you will need to show that someone else took actions that they knew or should have known would hurt others. Negligence can occur even if an individual didn’t intend to hurt another person.
For instance, a driver may have been speeding because he or she was late for work and wanted to get there faster. Although that driver didn’t speed with the intent of causing an accident, he or she is still acting in a negligent manner by driving too fast.
In a civil case, you generally have to prove with a preponderance of the evidence that your claim is true. In other words, if it is more likely than not that your claim is true, a jury is likely to reach a verdict in your favor. If you are pursuing a defective product case, the case is tried under strict liability laws. This means that all you need to prove is that there was a defect that caused your injuries.
What Type of Evidence Should You Produce In a Personal Injury Case?
There are many types of evidence that you can produce in a personal injury case to bolster your claim. For instance, you could produce medical bills to show that you incurred damages as a result of your injuries. It may also be worthwhile to get a doctor’s note outlining those injuries and your limitations because of them.
In a defective product case, it may be necessary to call in an expert witness or another outside expert to explain how the defect led to your getting hurt. An expert may be able to detail the source of the defect and make clear that you did nothing to alter the product to make it more dangerous to use.
Physical evidence at the scene of an accident may be used to establish that another person acted in a negligent manner prior to that accident. For instance, tire tracks from the scene of the crash could show that a driver was speeding or going too fast for road conditions. Cell phone records could show that a driver was talking on the phone when the wreck took place.
Witness Statements May Be Accepted as Evidence
During settlement talks, witness statements or police reports may be accepted in their entirety as evidence to support your case. Having these statements ready to submit may be helpful in showing how strong your case is and how you can prove your claim at trial if need be. This may increase the odds of a settlement taking place in a timely manner without the need to spend a lot of time or money in court.
If you are hurt in an accident caused by the negligence of another person or entity, talk to an attorney right away. He or she may be able to help you determine what type of evidence that you need to prove your case. Furthermore, legal counsel may be able to obtain that evidence for use either in settlement talks or at a formal trial. Hopefully, it will be enough to obtain a favorable and timely outcome in your case.