What Do You Need to Prove Personal Injury?

By Ben Gobel on July 24, 2024

When you file a personal injury claim for a car accident or another type of personal injury case, the burden of proof is on you. Your personal injury claim may not be easily resolved with the insurance company, making it necessary for you to file a personal injury lawsuit. While personal injury law allows you to seek financial recovery from the at-fault party responsible for your injuries and financial losses from this event, you must first prove negligence and establish liability.

Personal injury cases can be very complex, and the best way to achieve a successful outcome requires the representation of a personal injury lawyer. Ogg, Murphy & Perkosky, P.C. is a law firm committed to advocating for injured victims with personal injury claims. In this blog post, you will learn what you need to prove your personal injury case and how a Pittsburgh personal injury lawyer can assist you in seeking maximum compensation for your injuries. 

Understanding Personal Injury Claims

Personal injury cases are like criminal cases in that they require clear and convincing evidence. However, there is one major difference in civil cases – the injured party has the burden of proof. In criminal trials, the prosecution has a responsibility to prove that a defendant is guilty beyond a reasonable doubt to convict them. 

The need to show guilt beyond a reasonable doubt is not present in personal injuries. Instead, you must present evidence that proves someone else’s negligence to hold them liable for your injuries and damages. The point of cases involving personal injury is to make the victim as whole as possible by recovering the costs related to the accident. These typically include medical bills and all medical expenses related to the physical injury, lost wages, and even intangible losses such as emotional distress.

By contrast, a criminal case will consider whether or not clear and convincing evidence exists to prove that the defendant committed the crime in question. When it comes to the burden of proof in your personal injury matter, you have to prove that the other party is responsible for your compensatory damages. 

The Legal Process of Personal Injury Cases

After an accident that was not your fault that led to your injuries, you will want to contact the insurance provider of the other party. Unfortunately, you may be offered a low settlement that doesn’t properly cover your losses. 

The injuries you sustained may be extremely painful and the stress of providing the proof required may be too much for you to handle on your own. Without intricate knowledge of the legal system, it is best to seek representation from an attorney who can help you with the burden of proof of your case. If you can’t prove that the defendant meets the requirements for negligence and liability, you don’t have a case. Don’t get stuck with a mountain of expenses by making the costly mistake of trying to navigate the legal landscape on your own.

Proving Liability in a Personal Injury Case

There are four elements that you will need to satisfy as you gather proof that will demonstrate that the person who hurt you was negligent. If you can’t prove their negligence with a preponderance of evidence, then you don’t have legal grounds for your case.

Duty of Care

The first aspect in the preponderance of the evidence is that the defendant owed you a duty of care. This duty will vary depending on what type of accident occurs. As an example, consider an auto accident since it is the most common type of case. Every driver on the road owes all others a duty of care to drive safely, which would establish this factor for negligence.

Breach of Duty

The burden of proof becomes more detailed when it comes to proving that the defendant breached their duty of care. In an auto accident, it would need to be determined how a reasonable person would behave in the same scenario. If an accident occurred because the other driver was texting while driving or ran a red light, you would need physical evidence to establish their breach of duty. 

Causation

With causation, the plaintiff’s injuries must have been directly caused by the defendant’s breach of duty in these circumstances. It can often be tricky to prove that you wound up injured because the driver of the other vehicle didn’t act responsibly. With the help of a personal injury attorney, the burden of proof for causation will go more smoothly.

Damages

The final element in your burden of proof requires you to show that you suffered damages as a result of the accident. Additionally, you need to provide evidence that details the extent of your losses.

Types of Evidence That Can Be Used in a Personal Injury Claim

The burden of proof is on you and your lawyer and refers to how much evidence you will need to present to win your case via a settlement or verdict. In your civil action, the types of evidence you present can help you establish the burden of proof.

Medical records are one of the most compelling forms of evidence. They can show your injuries are linked to the accident in question. Pay stubs can show that you lost income due to your injuries. The police report or incident report can provide a detailed account of the accident from authorities. Witness statements and witness testimony can back up your claims about what happened. 

Often, insurance adjusters try to minimize the payout, which can keep you from getting a fair settlement. Proving damages for your claim requires that you gather a preponderance of the evidence to support the claim you’re making. This proof establishes why you deserve to be compensated for the injuries that another person or entity caused. 

If you have just been hurt because someone else was careless in their actions, contact Ogg, Murphy & Perkosky, P.C. to learn about the type of evidence you can use in your claim.