If you were injured in an accident caused by negligence in California, you could seek financial compensation through a personal injury claim. To succeed in a personal injury case, evidence will need to support the allegations and prove that the other party is legally liable. Evidence in your case must connect the other party’s actions to your injuries. This is where a lawyer can help. Every personal injury case is unique, based on the facts involved. An experienced personal injury lawyer can build your legal strategy using all available evidence in your case.
How to Prove Negligence in a Personal Injury Case
Winning a personal injury case will generally require you to prove the elements of negligence, including:
Duty of Care
In personal injury cases, plaintiffs need evidence that the defendant owed a duty of care to the plaintiff. This means they were expected to act (or not act) as a reasonable person would have. For example, drivers owe duties to others to follow traffic signals and operate vehicles safely. Evidence of traffic laws and regulations can be used to prove the duty of care.
Breach of Duty
If a person or entity does not do what is expected of them – what a reasonable person should have done under the circumstances – they could have breached their duty of care. A plaintiff must prove breach of duty as part of any negligence claim. How is evidence used to prove breach of duty? Physical evidence, photographs, video recordings, and documentation can be used to show that someone should have acted in a certain way, but did not.
Causation
To win a personal injury claim, the plaintiff needs to prove a clear connection between the defendant’s action and the resulting accident. The “chain” of causation can’t be broken by some intervening factor, like the actions of a 3rd party. For example, in multi-car accidents, defendants might point the finger at another driver involved in the crash. Plaintiffs must prove the at-fault party was the one responsible for their injuries. Evidence to prove causation can include video recordings, photographs, physical evidence, accident reconstruction reports, police reports, and more.
Damages
Damages such as physical injury, medical bills, property damage, lost wages, and other losses are an essential element in a personal injury claim. Evidence such as medical records, payroll and business records, repair invoices, and other documents can be proof of damages.
Types of Evidence in a Personal Injury Case
In a personal injury case, the plaintiff needs to prove by a preponderance of the evidence that the defendant is liable for their damages. Preponderance means it is more likely than not (more than a 50% chance) that the other party caused your injuries. Evidence will be used as part of an insurance claim or as part of a personal injury case in court.
Accident Reports
When police officers respond to any type of accident scene, they will normally need to complete an accident report. Accident reports can be key pieces of evidence for any time injuries or property damage are involved. Since police reports are created by someone who was not involved in the accident and has no personal stake in the outcome, the report can be useful as evidence. Accident reports can help clear the confusion when two sides are blaming each other after an accident. Reports can include witness statements, details about the accident, diagrams of how the accident occurred, and other valuable pieces of information.
Photos and Video
Photographs and video footage can show clear evidence of what happened in an accident. Often, surveillance footage might be available to show what happened and who was involved. Any photos and videos you are able to take yourself immediately after an accident can also be used in an insurance claim or court case. A personal injury lawyer will know how to locate photos and video recordings to use as evidence.
Medical Records
Medical records can show how a patient was injured and what treatment was required due to an accident. Medical bills and statements are important pieces of evidence in any personal injury claim. Seeking immediate medical attention after an accident is important for your health and also for a personal injury claim.
Employment Records
Serious accidents usually cause injured victims to miss work and lose out on income. Injuries can also impact a victim’s ability to earn future income. Employment records will prove what you earned, any lost wages, and potential effects on your future income. If you are self-employed or a business owner, other documents can be used to prove what you should have earned in the past, present, and future, but didn’t due to the accident.
Witness Testimony
Eyewitness testimony is a critical part of any personal injury claim. Those who saw the accident firsthand often provide the best evidence available. Witnesses will usually have no personal interest in the outcome of your case and can be neutral sources of information. Your personal injury attorney will use witness testimony to your advantage whenever they can.
Schedule a Free Consultation with a California Personal Injury Lawyer Today
Injured in an accident in California? A personal injury claim can help you secure financial compensation from the at-fault party. Different types of evidence are used in personal injury cases to prove how the accident happened and why you are entitled to damages. Our experienced Encino, CA attorneys at JUSTICENTER Personal Injury Lawyers will review your claim, build your legal strategy, and gather the evidence you need to prove your case. Contact our law office or call us at 818-907-3230 to schedule a free consultation today.
