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How to Prove Negligence in a Personal Injury Claim

Apr 19, 2021 Car Accidents, Catastrophic Personal Injury, Personal Injury, Vehicle Wrecks
  1. 1. Why Do I Need Evidence in a Personal Injury Claim?
  2. 2. How Much Evidence Do I Need to Prove My Personal Injury Claim?
  3. 3. 8 Types of Evidence That Personal Injury Lawyers Always Look For
  4. 4. Our Lawyers Go Further When They Investigate Injury Claims
  5. 5. Crosley Law’s Cutting-Edge Approach to Injury Claims and Investigations
  6. 6. How Will Crosley Law Firm Fight for Me?
  7. 7. Injured in a Texas Car Accident? Call the Expert Attorneys at Crosley Law

Life can feel chaotic after a car accident or another catastrophic injury. You’re trying to balance doctor’s appointments, manage your growing pile of bills, and dealing with your family’s pain, fear, and loss. It’s no surprise that collecting evidence and strengthening your personal injury claims isn’t a top priority.

However, you won’t get fair compensation for your personal injuries unless you have strong evidence—and the longer you wait, the more likely it will disappear.

Why Do I Need Evidence in a Personal Injury Claim?

Evidence is information that supports your personal injury case. It can help prove fault or causation, document your physical injuries, or calculate your financial losses. In short, it substantiates your claims and helps establish your case’s settlement value.

Personal injury evidence comes in many forms:

  • Physical evidence: things like damaged vehicles, skid marks, and other tangible objects
  • Documentary evidence: written information about your claim, including medical records, police reports, photographs, and employment records
  • Electronic evidence: GPS and mobile phone data, surveillance footage, and other electronic information
  • Testimonial evidence: people’s statements about your crash, injuries, and other issues related to your claim
  • Demonstrative evidence: maps, reconstruction videos, and other tools that illustrate something for the judge and jury

In a personal injury claim, you and your lawyer will need to act quickly to preserve and gather all this information.

You Carry the Burden of Proof in a Negligence Claim

In Texas, most personal injury claims involve negligence. While most people typically think of “negligence” as being sloppy or reckless, it’s a strict legal standard. Someone is negligent if you can prove:

  • The person or organization owed you a duty of care, like keeping a reasonable stopping distance or yielding the right of way at an intersection.
  • They violated this duty and caused your injuries.
  • You suffered damages, such as lost income and medical bills.

This standard applies to a variety of personal injury cases, including car accidents, truck wrecks, motorcycle crashes, and product liability claims.

Victims carry the burden of proof, so it’s their responsibility to prove every element of negligence. If you cannot prove even one of them, you may lose out on valuable compensation.

Victims carry the burden of proof, so it’s their responsibility to prove every element of negligence. If you cannot prove even one of them, you may lose out on valuable compensation.

How Much Evidence Do I Need to Prove My Personal Injury Claim?

Unfortunately, your word is not enough to establish a negligence claim. You’ll need documentation that details the circumstances surrounding your claim, the extent of your injuries, and your financial losses.

While you’re collecting physical evidence to support your case, the insurance company is also looking for ways to weaken or discredit your claims. The insurance adjuster will study your medical records, looking for pre-existing complaints and other complicating factors. They may also send you to independent medical examinations or hire private investigators to track your activities.

To counteract their arguments and evidence, you will need a robust legal strategy, lots of supporting documents, and expert opinions.

8 Types of Evidence That Personal Injury Lawyers Always Look For

Your attorney should tailor their strategies based on your case’s unique facts and legal issues. However, there are some common items that most personal injury lawyers want to see:

  • Photographs of the scene of the accident, your injuries, damage to your car and other vehicles involved, property damage, or anything else about the incident
  • Copies of police reports or accident reports
  • List of names, phone numbers, or addresses of witnesses
  • Medical records if you received any kind of medical attention after your accident
  • Letters or emails you receive from your insurer or the other driver’s insurer
  • Names and phone numbers of the at-fault party from the accident (and their insurance company’s information)
  • Contact information of any insurance company or claims adjusters that you have spoken with
  • Receipts of anything you bought to remedy an injury or repair due to an accident

If you already have this information, make sure you bring it with you to your free case evaluation. If you don’t have everything on this checklist, that’s okay too. Your lawyer can help you collect all this information.

RELATED: How Do I Get a Texas Accident Report?

Our Lawyers Go Further When They Investigate Injury Claims

After a crash, you might think you successfully collected all the evidence you need to bring a case against the negligent party. However, victims can easily miss critical information, because they don’t have the time or expertise to fully investigate their claims.

When you work with a law firm, you don’t have to worry about these details. Instead, your injury attorney will search for evidence, pinpointing all the at-fault parties and carefully calculating your damages.

Here are a few recent trends to keep in mind when it comes to evidence.

Truck Wrecks: Act Fast to Preserve Data and Logbooks

Under federal laws, truck drivers and trucking companies must keep detailed driver and maintenance logs that track a driver’s hours of service and the truck’s inspection and repair history. These logbooks are valuable evidence, since they can help victims find regulatory violations.

Most modern semi-trucks also have sensors and telematic systems that monitor speed, hard braking, and erratic driving maneuvers. Some trucks even have on-dash camera systems that track the driver’s every move.

However, companies can legally destroy logbooks and electronic data after a period of time. You’ll need to act quickly to preserve this valuable information and evidence.

RELATED: A Grieving Mother Clears Her Daughter’s Name: Amanda and Jane’s Story

Distracted Driving: Cell Phone Records Can Help Tell the Whole Story

Most people won’t readily admit that their texting or phone use caused a crash. Thankfully, phone records don’t lie. If you suspect distracted driving caused your injuries, then you should move quickly to collect mobile phone records and data from the at-fault driver.

Sometimes, an experienced injury attorney and their forensic experts can determine whether the at-fault driver was texting, streaming video, or interacting with another app at the time of the crash.

RELATED: Motorcyclist Receives Settlement in Distracted Teen Driver Crash

Product Liability: Don’t Dispose of Defective Parts or Products

Dangerous manufacturing defects cause thousands of injuries and recalls every year. However, many companies will try to blame the victims and other factors. To fight back, you’ll need expert testimony from engineers and other experts who can examine the defective product.

However, if you or someone else dispose of the defective part or item, you’ll have an incredibly tough time proving your case. Therefore, you need to preserve this evidence as part of your claim immediately.

Damages: Go Beyond the Basics

You might be able to add up your current medical bills and figure out how much you’ve lost in wages so far. It’s a lot harder to estimate your future medical needs and lost wage-earning capacity. Our team can work with experts, including doctors, life care planners, and economists to determine how much care you’ll need over your lifetime and how much income you’ll lose.

During our investigation, we’ll also look for evidence of intentional or reckless conduct, which could lead to punitive damages. Unlike other forms of damages, which compensate you for your financial losses, pain, and suffering, punitive damages punish the wrongdoer.

RELATED: How to Claim Lost Wages and Income From a Car Accident

Crosley Law’s Cutting-Edge Approach to Injury Claims and Investigations

Crosley Law has built a reputation for its detailed approach to personal injury lawsuit investigations. Our lawyers do more than read medical records. When necessary, we consult with some of the country’s most respected physicians, engineers, accident reconstruction experts.

For example, we represented a man who experienced severe mood swings and personality changes after a car accident. While he and his family believed that he suffered a traumatic brain injury (TBI) during the crash, his original imaging studies were “within normal limits.”

Crosley Law found a solution: researchers in San Diego were using a new type of brain scan. The more sophisticated scan documented profound damage in our client’s brain. Using this leading-edge evidence, we successfully won our client’s claim and ensured his financial security.

If you have questions about pieces of evidence, how to preserve evidence you gather, or what you need based on your individual case, it’s in your best interest to contact a personal injury lawyer right away. At Crosley Law, we’ll review your case for free, look over what evidence you have, and give you an expert opinion on how to move forward while protecting you and your family.

RELATED CLIENT STORY: Cutting-Edge Tactics Result in a $16m Jury Award: Jerry M.’S Story

How Will Crosley Law Firm Fight for Me?

When you work with the team at Crosley Law, we’ll obtain the evidence and documentation you need for your case. We also can conduct our own investigation using the resources we have available, including:

  • Detailed reviews of relevant medical records and accident reports
  • Nationally and regionally recognized experts and physicians
  • Crash reconstruction experts
  • Crash data from vehicles
  • Digital crash simulations
  • Multimedia presentations
  • Advanced medical imaging
  • Cutting-edge recordkeeping databases
  • Jury focus groups

We also act quickly. We know the insurance companies may use a summary judgment motion to have your case dismissed or pressure you into taking a lowball settlement. Don’t wait for help. Our attorneys do everything in their power prepare every case as if it’s going to trial from day one.

Injured in a Texas Car Accident? Call the Expert Attorneys at Crosley Law

If you’ve been injured in a devastating accident in Texas, call Crosley Law at 210-LAW-3000 | 210-529-3000 or fill out our online form to schedule your free consultation.

Our compassionate team will meet with you individually, get to know you and listen to your story, and help you understand your options. We can give you trustworthy advice about your lawsuit options, and what evidence you’d need to be successful. And if we decide to fight for you, you won’t pay a penny unless we win or get you a settlement.

The longer you wait to contact a lawyer, the harder it is to collect and analyze evidence, so contact Crosley Law today.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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