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David A. DiBrigida

Keys To A Successful Claim

Posted in Personal Injury

Personal Injury Lawyer

Personal injury law, also known as tort law, is designed to protect individuals who have been injured due to the negligence or wrongful actions of another person or entity. To prevail in a personal injury claim, the plaintiff must establish liability and provide sufficient evidence to support their case. To better understand personal injury, it is important to learn about the critical aspects of personal injury law and the importance of evidence in building a strong case.

The Basics of Personal Injury Law

Personal injury law encompasses a wide range of scenarios, including automobile accidents, slip and falls, medical malpractice, defective products, and workplace injuries, among others. The primary goal is to compensate the injured party for their losses and ensure that the responsible party is held accountable. A lawyer, such as a personal injury lawyer, knows that to succeed in a personal injury case, the plaintiff must prove the following elements:

  1. Duty of care: The defendant owed a duty of care to the plaintiff. This duty varies depending on the relationship between the parties and the circumstances surrounding the incident.
  2. Breach of duty: The defendant breached their duty of care by acting negligently or wrongfully.
  3. Causation: The defendant’s breach of duty directly caused the plaintiff’s injuries.
  4. Damages: The plaintiff suffered actual harm or losses as a result of the defendant’s actions.

The Role of Evidence in Personal Injury Cases

As a lawyer from a law office such as Hall-Justice Law Firm LLC would know, evidence plays a crucial role in determining the outcome of a personal injury claim. The types of evidence typically used in personal injury cases can be divided into three main categories:

  1. Documentary evidence: This includes medical records, police reports, photographs, and any other documents that can help prove the plaintiff’s case.
  2. Testimonial evidence: This category refers to statements made by witnesses, including the plaintiff and the defendant, under oath. Testimonial evidence can help establish the facts of the case and provide context for the incident. Witness testimony is crucial, as it can corroborate or contradict the parties’ accounts, thereby strengthening or weakening the plaintiff’s case.
  3. Physical evidence: This includes any tangible objects related to the case, such as damaged property, debris from an accident scene, or a defective product. Physical evidence can help to establish the circumstances surrounding the incident and the severity of the damages sustained.

Preserving Evidence and Building a Strong Case

The importance of evidence preservation in personal injury cases cannot be overstated. The following tips can help ensure that critical evidence is preserved:

  1. Document the incident: Take photographs or videos of the accident scene, your injuries, and any property damage.
  2. Seek medical attention: Obtain medical treatment for your injuries as soon as possible. This will not only ensure your well-being but also create a paper trail that documents the extent of your injuries.
  3. Keep a journal: Document your pain, suffering, and any limitations caused by your injuries. This information can be valuable when establishing non-economic damages, such as pain and suffering or emotional distress.

When you need help with your personal injury claim, reach out to a local law office to learn more about what your next steps are.

It doesn’t matter how good an attorney is if they don’t pay close attention to the wants & needs of the client.

We want to make sure that each of our clients is as happy with the experience they have with our firm as they are with the ultimate result in his or her case.

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