A big part of a Connecticut personal injury case will be based on the evidence used to prove your claim. If there’s a dispute between both sides, both legal teams will present what evidence they feel is best for their client. Victims of accidents that resulted in injuries and other damages will have the burden of proving they deserve compensation. But how is this done, and what evidence can be used? We’ll answer both of these questions in this article.
Litchfield Country accident victims who don’t know where to turn for help can contact a personal injury lawyer in Torrington. With their help and guidance, you can file your case and fight for your right to compensation for all your economic and non-economic damages.
What Is Required to Win a Connecticut Personal Injury Case?
As an accident victim, you’ll carry the burden of proving a few things when filing a Connecticut personal injury case. Fortunately, since personal injury lawsuits aren’t handled like a criminal case, you don’t have to prove anything “beyond a reasonable doubt,” but only that it was more than likely. To win a personal injury case, you’ll have to prove the following:
- The liable party had a duty of care toward you
- They breached that duty
- They caused your injuries
- You’ve suffered damages because of their negligence
These will all need to be proven by using evidence.
What Kind of Evidence Can Be Used in a Connecticut Personal Injury Case?
To file a personal injury claim and get a successful settlement or judgment, you must supply evidence that the defendant acted negligently. As a result, you were injured and suffered damages. The process of gathering appropriate evidence may seem easy, but it can be quite a time-consuming task.
Your medical records could be the bulk of your evidence and come from multiple sources, such as hospitals, private physicians’ offices, and treatment centers. Your personal injury attorney can request these documents after you’ve given them signed permission.
The evidence you or your lawyer must gather will be in two major categories. The first will prove negligence, and the second will be used to prove your injuries and damages.
Types of Evidence To Prove Negligence
Several types of evidence must be collected to prove that a person or entity was at-fault and caused the accident. What’s required will solely depend on what type of personal injury case you’re filing. A car accident case’s evidence will differ from a dog bite case, but here’s a list of typical personal injury lawsuit evidence to prove negligence.
- Accident reports
- Photos taken at the accident scene
- First responders notes
- Photos from traffic light cameras or nearby surveillance video footage
- Eyewitness statements
- Statements from accident reconstruction experts
- Affidavit of Merit (for Medical Malpractice claims)
Types of Evidence To Prove Injuries and Damages
You’ll also need to present evidence of your injuries and the damages they’ve caused. Although some of this evidence is expected, other types are necessary to ensure you’re compensated for all of your damages. Gathering evidence to prove your injuries and economic damages may be straightforward, but those for non-economic damages may not be as obvious.
Evidence To Prove Injuries
- Emergency room intake and discharge papers
- All medical documents relating to the accident
- All medical paperwork from all healthcare providers
- Photos of your injuries
Evidence To Prove Economic Damages
- All medical bills
- Receipts for any out-of-pocket medical expenses
- Receipts for any remodeling of your residence to include mobility devices
Evidence To Prove Non-Economic Damages
Compensation for non-economic damages can be difficult to put a price tag on. However, with the help of your personal injury lawyer, they’ll determine an amount for things like pain and suffering or loss of consortium. Proof of these types of damages can include:
- Medical notes from mental healthcare providers
- Testimony from medical experts
- Testimony from family, friends, and co-workers
Personal Injury Evident for Connecticut Cases: The Bottom Line
To have a successful outcome with a Connecticut personal injury lawsuit, you must provide evidence of negligence, injuries, and damages. With the help of a personal injury lawyer, you can gather all the necessary documents to ensure maximum compensation.
Some types of evidence are obvious. Doctors’ notes, MRI images, and even photos of your injuries are all standard for proving that you’ve been hurt and the negligent party must pay you a lot of money to recover your medical rehabilitation costs. Proving non-economic damages like PTSD or emotional trauma is a bit more difficult. However, under the guidance of an experienced attorney, they’ll help you to collect the strongest evidence so you’ll have the strongest case.
