Having suffered any incident that leads you to need medical attention is more than inconvenient. You may find yourself with a whole host of medical bills and no correlating income while you recover. Is your injury eligible for a personal injury claim?
Under the law, a personal injury claim must have a few essential elements to qualify for action. Look at the things you need to prove for a viable personal injury claim.
What is the burden of proof?
When you file a claim alleging that someone else caused your injury, it is up to you to produce evidence of this. In a personal injury case, you must show that someone else caused the incident that led directly to your injury.
What do you need to prove?
In personal injury law, the fundamental element you need to prove is negligence. It is not simply enough to show someone else caused the incident. You must show that that at-fault person acted negligently or recklessly and that action led to the accident.
How can you prove negligence?
If the inciting incident was a car accident, the insurance report may show which driver faced the at-fault finding. Absent that, you may produce any other evidence that will lead the court to believe that the other party’s behavior resulted in your injuries. Evidence may include:
- Reenactments by professional accident reconstructionists
- Medical evidence
- Third-party witness testimony
The circumstances surrounding your injury may allow you to collect financial compensation from the responsible party. Enlisting the aid of a professional with experience in personal injury law may prove beneficial.