In a personal injury lawsuit, a plaintiff must prove liability and damages in order to recover the compensation the law provides. Here, a plaintiff must demonstrate that a defendant’s negligent action or inaction resulted in damages. The elements to prove in a personal injury case include establishing that the defendant:
- Owed plaintiff a duty of care;
- Breached the duty of care owed to plaintiff; and
- Plaintiff suffered injuries as a result of the breach.
In most personal injury claims, there is an implied duty of care. Typically, however, proving breach of the duty of care is more complex. For this reason, it is important to speak with a knowledgeable and experienced personal injury attorney that will assist you through the process and gather the evidence necessary to obtain the best possible outcome.
To demonstrate a defendant’s liability, it may be necessary to obtain evidence from the following sources:
- Eyewitness testimony;
- Photographs of the site where the incident occurred;
- Surveillance footage;
- Cellular phone records;
- Chemical composition tests;
- Expert witness testimony, among others.
It is important to keep in mind that a plaintiff in a personal injury case cannot recover compensation for their injuries unless those injuries occurred as a result of the defendant’s negligent conduct. Evidence of injuries, also known as damages may be demonstrated through the following:
- Hospital and first responder reports;
- Physician evaluations and other medical records;
- Medical bills;
- Pharmacy bills;
- Testimony from medical experts;
- Pay stubs and records of time off;
- Photographs of injuries;
- Testimony from family members or friends regarding mental and physical state;
- Journal notes describing a person’s daily state of physical and mental health.
If you or a loved one has been injured in an accident as a result of as a result of someone else’s negligent action or inaction, contact a Brooklyn personal injury attorney who is experienced in gathering complex evidence to support your claim. Goldberg Sager & Associates is experienced in dealing with all types of personal injury claims and is dedicated to helping clients achieve the best possible outcome for their case. Contact the Personal Injury Attorneys at Goldberg Sager & Associates at 718-645-6677 for a free phone consultation.
