Legal Guide

How to Prove Negligence in a Personal Injury Case

As the adage goes, anything that can go wrong will go wrong. Sometimes, this sentiment comes in the form of accidents, which can be inadvertently caused or purposeful. Accidents sometimes occur because of negligence. The term is usually referred to when certain actions or inactions lead to the harm of another party.

Negligence is often used in criminal cases such as personal injury. Someone, for example, might be intoxicated while driving and fail to have stopped at a red light. Through this event, they may crash into another car, injuring the driver of said car. Using this case study, there can be multiple ways to prove negligence legally.

Here are the most common methods for proving negligence in a personal injury case:

1. Eyewitness Accounts 

Should someone harm you while driving in a drunk manner, you could have the grounds for negligence. Personal injury can often be proven in a number of ways, and lawyers will use certain tactics to prove it. One of the most direct ways to bring a personal injury to light is through eyewitness statements.

These types of accounts have to do with bystanders who may have been present during the event. By recording their statements, lawyers can then use their correspondence in court. It is an extremely powerful way to prove negligence in court, without fail. The more statements that are taken, the more valid the case can be!

2. Expert Witnesses 

Your personal injury lawyer may call upon various parties if you decide to bring your claim to court. One of these parties may include experts who have a professional opinion on elements of the claim. If their opinion checks out, they could help validate the negligence that is trying to be proven right.

Sometimes, you may be injured seriously. If this occurs to you, lawyers will look to other evidence to prove the case of negligence in the personal injury case. As part of the incoming testimony, their inclusion can be an incredibly beneficial tool to use overall.

3. Video Footage 

Many major intersections will frequently have traffic light cameras installed. These nifty little devices will be able to capture any sort of illegal activity that may have occurred on site. If the camera records the drunk driving incident, your lawyer may request the footage. This video capture can then be very useful in court.

That is because it mainly comes down to directly recording the criminal act that transpired. Your lawyer will refer to the incident in question and play it back as needed while in court to prove negligence. When coupled with other forms of capture, your case can be validated much faster.

4. Photographs of the Site 

Speaking of other forms of capture, none can truly replace the efficiency of using good photographs. The great thing about taking pictures nowadays is that you can use your smartphone to capture photos of the incident. Make sure that they are not blurry and are transparent in their illustration.

Your lawyer may first decide to showcase these photos of the incident before showing other pieces of evidence. Once they are all put together, it makes for a great case when trying to prove negligence against the other party. Thus, it will be an incredible burden lifted off your shoulders once things are underway.

5. Police Reports 

As mentioned previously, various experts may be called upon in court to account for the incident. For most cases, the police will more than likely be involved due to their presence required. Officers will need to file reports, the extent of which can be descriptive of the actual event.

If a personal injury case is brought forward, the notes that a police officer will become useful in court. They will generally be one of the first experts on the scene and promptly make notes. Once the report has been filed, your lawyer could use specific areas to validate and prove the case.

6. Other Options 

If you believe that you have been involved in a personal injury case brought upon by negligence, options are available. Since your lawyer can try to prove the case in several ways, you’ll have to reach out. If it is safe to do, always explain the situation carefully.

The lawyer you hire for your case will always do their best when looking out for you. As it pertains to personal injury cases, details will matter. Sometimes, those details are easy to determine when it comes to many acts of negligence. All situations may vary in some way, after all!

More to Read: