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2 min read

How to Prove a Personal Injury Claim

You need to understand how to prove a personal injury claim to receive the compensation you deserve when you have been injured in an accident that was not your fault.

Proving a valid personal injury claim can be complicated and challenging, so consult an experienced personal injury attorney for help. Either way, there are four key elements you need to prove to establish your case.

The Four Things You Must Prove in a Personal Injury Claim

  1. Duty of Care

    First, you must establish that the other person or entity — the defendant — owed you a “duty of care.” In other words, you must show they had a legal obligation to act reasonably and not cause harm.

    For example, if you were involved in a car accident, the other driver had a duty to drive safely and not cause an accident.

  2. Breach of Duty

    The second thing you must prove is that the defendant breached their duty of care. You must show that they failed to act reasonably and that this resulted in your injury.

    To continue with our car accident example, if the other driver was texting while driving and caused the accident, they breached their duty of care.

  3. Causation

    The third thing you must prove is causation. You must establish that the defendant’s breach of duty caused your injuries.

    In our car accident example, if you suffered a broken arm, you must show that it was the car accident that caused your broken arm, not some other unrelated incident.

  4. Damages

    Finally, you must prove you suffered damages due to the defendant's breach of duty. Damages may include medical bills, lost wages, pain and suffering, and other losses. 

    You must provide evidence of the damages you claim, such as medical records, receipts, and eyewitness testimony.

Getting the Evidence Needed to Prove a Personal Injury Claim

To prove these elements, you must gather evidence to support your claim. Here are some steps you can take to build a strong case:

Seek Medical Attention

The first thing you should do after being injured is to seek medical attention. Not only is this important for your health, but it also provides documentation of your injuries.

Document the Accident Scene

Take photos of the accident scene and any damage or injuries, if possible. It can help establish the cause of the accident and the extent of your injuries.

Collect Witness Statements

Collect their names and contact information if there were witnesses to the accident. Witness testimony can be valuable evidence in your case.

Keep a Record of Expenses

Record all expenses related to your injury, including medical bills, lost wages, and other costs. It will help establish the damages you suffered due to the accident.

Hire an Attorney

If you are considering filing a personal injury claim, consider hiring an attorney specializing in personal injury cases. An experienced attorney can help you navigate the legal system and increase your chances of success.

We invite you to get a free consultation with the Personal Injury Legal Team at Whitcomb Selinsky, PC. Call (866) 433-4116 or click here to use our convenient online form to tell us how we can help.