What Type of Evidence Can Be Used in a Personal Injury Case?
If you or your child is injured in any sort of accident, you may have a claim for damages. Depending on the type of accident, there could be more than one defendant liable for your injuries. Your personal injury lawyer in Charlotte will pursue anyone who may be responsible for your accident.
In order to win a lawsuit against any defendant, your lawyer will have to prove your case. This means he will likely have to prove negligence. In order to win a negligence case, your Charlotte personal injury attorney has to prove the following:
- The defendant owed you a duty of care – This isn’t that hard to prove. Regardless of the type of accident you’re involved in, chances are, the defendant owed you a duty of care. For example, day care workers have a duty to keep your children safe because it’s part of their job.
- They breached this duty – This is the hardest part of any negligence case to prove. Your lawyer has to show that the defendant acted in a way that most reasonable people wouldn’t have acted. For example, drinking and getting behind the wheel is a breach of this duty. We all have a duty to obey the law. Drinking and driving is against the law in every state.
- You were injured – It’s not hard to prove your injuries as long as you seek medical treatment. If you refuse treatment or wait too long to go to the doctor, the defendant will argue you weren’t injured. Juries are skeptical of plaintiffs who don’t seek medical care right after their accident.
- Your injuries were caused by the defendant’s breach – Again, if you seek medical treatment immediately after your injury, you should be okay. Unless there was enough time for something else to have caused your injuries, it’ll be hard for the defendant to claim he isn’t responsible.
If your Charlotte personal injury attorney can demonstrate these four (4) things, you should have a strong case for damages.
Different Types of Proof
Your lawyer is going to have to submit proof of your case to the court. This could be proof that the defendant breached his duty, or it could be proof that you were injured. Every case is a little different.
Some of the types of proof your Charlotte personal injury lawyer needs to offer include:
- Affidavits signed by people who have personal knowledge of the accident
- Testimony by doctors and other experts who can confirm your injuries
- Statements by the defendant and plaintiff
- Eye witness testimony
- Video recordings
- Text messages and emails about the event
- Information posted on social media related to the event
The court may not always allow this evidence to be introduced at court. Your Charlotte injury lawyer knows how the rules of evidence works. He will know which types of evidence are allowed and which will be excluded.
Your lawyer will also use this evidence to try to settle your claim. When dealing with the insurance adjuster or lawyer, your attorney will use this information as leverage. The stronger the message, the better the odds of convincing the defendant to settle.
What Kinds of Damages Can You Demand?
Personal injury cases all involve the same types of damages. Regardless of the type of case, your Charlotte personal injury lawyer will demand the same kinds of damages. These damages include:
- Medical bills – You’re entitled to receive reimbursement for any medical bills already paid. You can also demand money to cover future medical bills.
- Lost Wages – If you miss work because of your injuries, you can demand compensation, your lawyer can submit proof of how much time you missed. You can also demand lost future earnings.
- Property Damage – If you’re involved in a car accident, you can demand money to fix or replace your vehicle.
- Pain and Suffering – If you experience serious injuries, you may be entitled to pain and suffering. These damages represent the physical and mental anguish caused by your accident.
Your lawyer is going to fight to get you as much money as possible. However, he can only get you damages for injuries you suffer. If you’re not hurt, you won’t have a valid lawsuit.
Contact a Personal Injury Lawyer in Charlotte, North Carolina Today
If you get hurt in any type of accident, you need to call a personal injury lawyer in Charlotte, North Carolina. You may be able to recover money for your injuries, but you need an experienced lawyer to do this.
Call and schedule your initial consultation today, it’s absolutely free and you pay nothing until you win your case.