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Injured in an accident caused by someone else’s negligence in Seattle? You could pursue a personal injury claim for your damages. To prove a personal injury claim in Washington, you need evidence to back up your allegations and support the amount of compensation you seek. Evidence in a personal injury claim connects the other person’s negligence to the accident and your injuries. A personal injury lawyer can help.
Your personal injury claim will have its own unique set of facts. The evidence involved in your case will depend on how the accident happened, who was involved, and what types of injuries you sustained. Experienced personal injury lawyers know how to track down key evidence and assemble the evidence as part of your case strategy.
Personal injury attorneys can help you understand the evidence and use it to pursue your claim. To learn more, contact a law office for a free consultation.
Plaintiffs in a personal injury case must prove the elements of negligence, which are:
The defendant must have had a duty of care owed to the injured victim based on the situation. For example, store owners have duties of care to keep their businesses free of hazards, and drivers have duties of care to obey traffic signals and watch out for others.
If someone does not use reasonable care and caution that would be expected under the circumstances, it could be said they breached their duty. For example, if a store owner leaves a pile of broken glass on the floor without cleaning it up, they might have breached a duty of care. Or, when a driver runs a red light and causes a car accident, they breached their duty of care to drive safely and follow the rules of the road.
It is not enough that the other person breached their duty to you. Plaintiffs must also prove causation between a defendant’s actions and their injuries. Causation can be the most highly disputed element of any negligence claim since defendants will point the finger at some other cause. This is where evidence becomes vital in proving liability.
The plaintiff must show, using their evidence, that it was more likely than not (greater than 50%) that the defendant was responsible for what happened.
Injured victims must also have suffered an actual injury or damaged property due to the accident. Medical bills, vehicle repair estimates, proof of lost wages, expert reports, and other documentation will serve as important evidence of your damages. Your personal injury lawyer will help collect all documents and other evidence to support this element of your claim.
In a personal injury claim, the evidence must be relevant to help prove by a preponderance of the evidence that the other party’s negligence caused your injuries and damages. “Preponderance of the evidence” means it was more than 50% likely that the defendant’s action (or inaction) was the cause of your damages. This is a lower burden of proof than in criminal cases. Evidence in personal injury claims usually falls under the following categories:
Accident reports and police reports are typically created when an accident must be investigated. Accident reports make good evidence because they are created by neutral, objective sources such as law enforcement. Reports can include witness statements from the scene and essential details about how the accident happened.
Photographs and video footage are increasingly useful types of evidence in personal injury claims. Whereas witnesses can forget things or testify incorrectly, photo and video evidence maintains its accuracy at all times. If you were involved in an accident, taking your own photos and video can strengthen your case.
These days, with the rise of cell phone cameras and overhead surveillance in almost every public area, this type of evidence is easier to obtain. Your lawyer will investigate and collect all photo and video evidence they can find.
Medical bills, statements, and reports can help explain what happened and how you were affected. Medical records can prove to an insurance company or a trial jury what happened and why the defendant should pay what you seek as damages. Proof of long-term injuries due to the accident can also increase the value of your claim when used as evidence.
If an unexpected accident caused you to miss work and suffer lost wages, your employment records can be evidence of what you should be entitled to as compensation. Employment pay stubs are commonly used as evidence in this situation. If you are self-employed, you can prove lost income using evidence of your earnings before the accident. Your lawyer might also use your work history, education, and age to prove your earning potential as part of your claim.
Some of the most valuable evidence in your personal injury claim can be testimony from witnesses. Witness testimony can include your own testimony, along with testimony of eyewitnesses, expert witnesses, and the defendants themselves. Testimony can take place at trial, or it can take place earlier in the form of depositions and examinations under oath by insurance companies. Having an experienced attorney can help you prepare to give effective testimony and avoid blunders that harm your case.
If you were injured in an accident in Seattle, WA, you might be entitled to monetary damages from the negligent party. Collecting compensation will require evidence of the accident to prove your claim. Personal injury lawyers will use evidence to develop your case strategy and aggressively pursue your claim. Contact our Davis Law Group Car Accident and Personal Injury Lawyers now at (206) 727 4000 to schedule a free consultation.
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