Fault and Evidence: What You Need to Prove Your Personal Injury LawsuitJanuary 5, 2017
A personal injury lawsuit serves the purpose of providing compensation for the injuries or harm caused by another. Personal injury lawsuits are filed based on a wrongful conduct or a failure to act (i.e., negligence). To prevail in a personal injury lawsuit, the party seeking compensation must prove the injuries were caused as a direct result of an action or omission of another person. The injuries suffered must be supported by evidence. Taking the following steps will increase considerably the chances of prevailing in a personal injury lawsuit and receiving full compensation for your case.
Although every personal injury lawsuit involves the question of liability and compensation, the value of each case is unique. Every personal injury lawsuit involves a different set of injuries, expenses incurred, and forms of evidence. The value may be lesser in a case where the party seeking compensation was partly responsible for the event that caused the injuries as opposed to a case where the other party was entirely at fault. Every piece of evidence you can provide to support your argument adds to the strength of your case.
Most civil personal injury cases involve some form of injury. The harm can be physical, emotional, financial, or otherwise detrimental. Evidence to prove a case can be provided by photographs, medical records, and consistency in treatment. Allowing extended periods of time to pass between treatment, commonly known as “gaps in treatment,” can give the impression that the injury is not as serious as alleged in the lawsuit. These documents must be carefully reviewed to make sure the injuries alleged are the same as those diagnosed and treated by medical professionals.
When the damage caused includes economic damages, evidence must be shown to support the claim to receive compensation. The loss can be shown by bank statements, payroll records, or other expenses that would not be incurred but for the fault of the other party. In many personal injury cases the party at fault will be responsible for the lost wages or extra expenses incurred, such as medical costs. Failure to provide ample documentation can make recovering the full value more difficult.
Fault is also an important factor in personal injury lawsuits. Texas law holds that a party can recover as long as they are less than fifty-one percent at fault for the event that caused the injuries. This is known as proportionate responsibility. Evidence can be used to show that the opposing party is entirely at fault which will help to obtain full reimbursement. For example, a video that shows exactly what happened can help support an argument that the other party is entirely responsible, and should cover all expenses that resulted from the injury. Witnesses and their testimony could provide similar support to a lawsuit. Failing to include forms of evidence such as these could make it more difficult to prove the other party is entirely at fault, which can affect the amount of compensation.
The attorneys at the Amaro Law Firm have dedicated their careers to civil lawsuits. If you or a loved one has suffered physical, emotional, or economic damages as a result of someone else’s actions, our lawyers may be able to help. Consultations are free and if we cannot help you recover for your injury we will not take your case, which means we only win if you do. Contact us today for a free consultation.