Proving Personal Injury
According to United States law, the burden of proof in all legal cases is on the plaintiff, or the injured party. In order to prove that you have a true personal injury claim, you must be able to establish that the injuries you sustained were the direct fault of the responsible party.
At Kaplan & Lukowski, LLP, we are dedicated to helping our clients gain fair and just compensation for injuries caused by the negligent or intentional actions of another person or company. In order to help you build a strong case, we work to ensure that we’ve met all legal requirements of proof.
What does a plaintiff have to prove in a personal injury case?
Although the elements of all individual personal injury cases vary, there are typically four key points that must be established:
The defendant was responsible for some kind of duty that was owed to the plaintiff.
In the case of a slip and fall accident, a property owner is responsible for maintaining a safe establishment free of potential hazards. In the case of a car accident, the driver at fault was expected to abide by the rules of the road and drive carefully.
The duty or responsibility owed to the plaintiff was breached.
To stay with our examples, the property owner being sued for a slip and fall accident would have been responsible for maintaining safe premises. If the property owner failed to live up to his or her duty, the personal injury claim would be valid.
Similarly, if the driver at fault was following too closely, or failed to stop at a stop sign, he or she clearly failed to abide by the standard rules of the road.
The defendant’s failure to comply with his or her responsibilities caused harm.
If the plaintiff who slipped and fell due to the property owner’s failure to maintain a safe environment, and sustained bodily injury, then this part of the personal injury claim has been fulfilled.
The injuries that occurred as a result of the defendant’s negligence can be calculated and paid.
In many personal injury cases, the plaintiff requests compensation for financial burdens caused by the injury, including lost income or potential wages, medical bills, and pain and suffering.
How can I build a strong personal injury case?
In order to build the strongest personal injury case possible, the attorneys at Kaplan & Lukowski, LLP recommend gathering the following pieces of evidence:
- Photographs of the accident
- Police reports, if applicable
- Medical records
- Proof of missed work
- Record of how the injuries have affected your daily life
Contact Our Atlanta Personal Injury Attorneys
If you or a loved one have suffered injury as a result of the negligence of another person or company, you have the right to pursue just compensation.
To schedule a consultation with out Atlanta personal injury attorneys, please call (404) 845-0012, or fill out our online contact form.