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The Evidence You Need to Win Your Personal Injury Suit

The Evidence You Need to Win Your Personal Injury SuitA personal injury claim is simply one type of lawsuit. There are many different kinds of lawsuits, including ones involving property damage, employment issues, product liability, and others. When you file a personal injury claim, you are suing another person or entity for damages caused by their negligence or carelessness. Negligence occurs when someone fails to act reasonably under the circumstances, causing harm to you or someone else. Carelessness refers to actions taken without due caution or forethought. For example, if you slip on ice while walking down the street, it might be considered negligence if the store owner failed to clear the sidewalk of snow or ice. If you fall off a ladder while painting your house, it might be considered carelessness if the painter did not use proper safety equipment.

You must prove three things in order to win a personal injury case:

  1. That the defendant owed you a duty of care;
  2. That the defendant breached that duty of care; and
  3. That the breach of that duty led to your injuries.

The most common types of personal injury cases involve accidents, slips and falls, defective products, and premises liability. These claims usually arise out of situations where someone was hurt because of the fault or negligence of another party. In other words, if you are injured because someone else hit you with his truck, fell into a hole, slipped on ice, or tripped over a pothole, you probably have a personal injury claim against him.

If you believe you have been harmed by someone else’s negligence, you should consult with an experienced attorney immediately. Your lawyer will help you determine whether you have a valid claim. He or she will also advise you about how best to proceed with your case. Depending upon the facts of your situation, your lawyer may recommend filing a suit in small claims court, arbitration, or a civil trial.

What Is the Likelihood of Winning a Personal Injury Claim?

According to data collected by the Justice Department, for the small percentage (about 3%) of personal injury claims that go to trial, plaintiffs involved in motor vehicle accidents win 61% of the time, people injured on someone else's land win 39% of the time, and people injured by faulty products win about 38%.

Plaintiffs suing their doctors win just under 20%, while those injured by medical malpractice lose over 80% of the time. These numbers don't include settlements, which can make up anywhere from 50%-90% of total recoveries.

What Kind of Evidence Do I Need in a Personal Injury Case?

Even in motor vehicle accident cases where you are injured, it can be difficult to prove that the accident caused your injuries. In fact, even though you may feel like you know what happened, there may be another explanation for why you got hurt. This is especially true if you don't have any witnesses to the event.

For example, the other driver may have a different version of what happened. They might say that you did something wrong, or that you hit them accidentally. Or maybe they didn't see anything because they weren't paying attention. If you aren't able to find out what really happened, it can make proving your case very challenging.

In addition, you may not be able to remember exactly what happened. And even if you do remember, it may take some time to piece together how everything went down. So, you may not be sure whether the accident actually occurred.

If you think you're entitled to compensation for your injuries, talk to a lawyer today.

Evidence That the Other Party Was Negligent

The most important thing to prove in a personal injury case is that the other party acted negligently. Negligence is defined as failing to meet a legal standard of conduct. In other words, negligence is a breach of the law. If someone fails to act responsibly, it could mean that they did something wrong. They failed to do what they were supposed to do.

Negligence is usually proven by showing that the defendant owed a duty of care to the plaintiff. A person owes a duty of care to another person if he or she knew about the risk involved and still chose to ignore it.

In order to prove negligence, you must provide evidence that shows:

  1. The defendant had a duty of care towards the plaintiff;
  2. The defendant breached that duty;
  3. The breach caused harm to the plaintiff; and
  4. The defendant’s actions fell below the acceptable standard of care.
Contact an Experienced Personal Injury Attorney

An experienced personal injury lawyer in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, and Stafford, Texas at Thornton Esquire Law Group, PLLC will take over the case from the very beginning and make sure that you receive fair compensation for your injuries. A personal injury lawyer will help you recover medical expenses, lost wages, pain, suffering, and other losses due to the accident. Contact us today at www.thorntonesquirelawgroup.com for a free consultation.

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