Almost everyone suffers an injury at some point in their life, but when the injury is caused by another party, there may be legal compensation available to cover medical expenses, lost wages, and pain and suffering. If you have been injured due to the negligence of another person, contact a personal injury lawyer and explore the possibility of filing a claim. The attorney will tell what your rights are and how the case will proceed.
Kinds Of Injuries
Quite a few kinds of injuries fall into the personal injury category, including injuries sustained in car accidents, slip and fall, defective products, medical malpractice, workplace accidents, assault and battery, and animal (pet) bites.
Making Your Case
According to All Law, any claim of injury requires evidence to prove the person you are suing was negligent and did not do what was necessary to guarantee your safety. You must also prove the party’s neglect led to your injuries and that you suffered real damages resulting from the negligence. Personal injury law places the burden of proof on the party claiming the injuries. You must have sufficient evidence to prove to a judge or a jury that the injuries you suffered are the direct result of the negligence of the defendant. You must present medical evidence form doctor and hospital records regarding the cause and extent of your injuries. Your case will probably be settled out of court, but you must be prepared to go to trial if necessary, and you must be prepared to meet the burden of truth.
Each case is different. A defective product case, you will have to file according to a specific set of rules. A workplace injury that takes place on the job will generally be filed as a workers’ compensation claim, depending on the laws in your state. Generally, injured workers are barred from suing an employer and must settle through workers’ compensation.
What Kind Of Evidence Do You Need To Prove A Claim?
According to Legal Crunch, in order to receive compensation from a personal injury claim you may be asked to supply some or all of the following evidence. You may also be asked to provide additional information or witnesses.
. A police report in the case of a car accident. The report should state which party was responsible for the accident.
. If you experienced a “slip and fall” you will need to provide an incident report from the store or restaurant where the accident took place.
. Eyewitness statements explaining how the accident occurred, and any details that can be provided.
. All photographs that were taken at the site of the accident and all evidence that can document what happened.
. All medical records, including ambulance, emergency room, hospital stay, doctor, physical therapy, and from any other medical services received.
. Employer documentation of lost time on the job, including the amount of wages that would have been earned during the time you were unable to work.
. Expert medical testimony provided by a doctor or medical specialist regarding the actual cause of your injuries. Proof must be given that your injuries were not pre-existing and were a direct result of the accident.
If you have been injured and believe you have a legitimate claim for personal injury, contact a lawyer for legal advice.