Accidents are unfortunate as they can cause injuries, suffering, and damage to property. Luckily, personal injury law comes to the rescue of victims who get injured due to someone else’s negligence. By filing a personal injury claim, you can secure optimal compensation for your injuries from the insurance company either by settlement or lawsuit.
However, proving your personal injury claim is mandatory if you want to secure it. The key lies in proving that the insured was responsible for the accident and the injuries and damage caused by it. Here are some facts about proving your personal injury case.
The burden of proof lies on the victim
According to personal injury law, the person who files the claim has the burden of proof. Simply speaking, the victim is the one who has to prove that the guilty party has shown negligence. The person accused, on the other hand, does not have to prove anything even when the victim files a claim to recover compensation. Unless you prove that the guilty party is actually guilty, they are assumed innocent.
There are four essential elements of negligence
When it comes to proving negligence in your personal injury case, here are the four essentials to consider:
- Duty of care, which implies that the guilty party had a duty to avoid causing harm to the victim
- Breach of duty means that the responsible party breached their duty by a wrong action or failing to take a reasonable action
- Causation means that the breach of duty by the guilty party is the cause of the victim’s injuries
- Damages refer to confirmed injuries that are supported by evidence such medical bills, reports and other proofs of damage
The best approach is to hire a lawyer
Even though you may consider negotiating the claim with the insurance company yourself, hiring a legal professional is a better approach. From negotiating the settlement with the insurance company to handling a lawsuit if there is a need, they can do everything for you. You need to find a legal professional you can trust for ensuring that you get the best possible compensation value from the insurance company. When your case is complicated and you have suffered from major injuries causing loss of employment, you should hire a lawyer sooner than later.
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Gathering the key evidence is equally important
Proving negligence and hiring a seasoned attorney to handle your personal injury claim is just half the work done. You need to have strong evidence to prove your claim to the insurance company or the jury as the case may be. Insurance companies have strong legal teams and stringent protocols to ensure that only genuine claims are approved. Similarly, only solid evidence can win you a favorable verdict in a court of law. Therefore, you must have vital pieces of evidence in place. These include the medical bills, proof of loss of income and job due to a disability, police reports, witness statements, and evidence of property damage.
Now that you know the key steps for proving the personal injury claim, you can take the right direction. A feasible compensation value can put your life back on track and this is possible only if you take the right approach to your personal injury claim.