What Kind of Evidence Is Needed to Prove a Personal Injury Case? What Kind of Evidence Is Needed to Prove a Personal Injury Case?

At Darrell Castle & Associates, PLLC, our team is familiar with answering questions like: what kind of evidence is needed to prove a personal injury case? When you’re injured due to someone else’s negligence or wrongful act(s), you have the right to sue that person for damages sufficient to cover your medical and other expenses and losses your injuries cause. No law requires you to engage a personal injury lawyer to file and handle such a suit for you, but your best interests dictate that you do so. 

Why? Because personal injury lawsuits can become very complicated very quickly. In addition, unlike you, an experienced personal injury lawyer has the knowledge, training and skill necessary to take on the defendant’s insurance company and successfully negotiate a favorable settlement or, if necessary, conduct a jury trial so as to get you the maximum amount of compensation possible.

What are types of personal injury lawsuits?

As your Personal Injury Lawyer in Memphis, TN can cover during a consultation, personal injury lawsuits can arise from a number of different types of accidents, including the following:

  • Motor vehicle accidents
  • Pedestrian accidents
  • Bicycle accidents
  • Boating and other water sport accidents
  • Swimming pool accidents
  • Slips, trips and falls on someone else’s property
  • Amusement park accidents
  • Medical malpractice
  • Nursing home abuse and neglect

What about filing my lawsuit?

Each state has what are called statutes of limitations, i.e., laws that decree how soon after your accident you must file your lawsuit. Most states grant you between two and three years, but other states have longer or shorter periods. Again, your personal injury lawyer should know about these SOLs and which one applies to your type of lawsuit.

In addition, some states have laws that place a cap on the amount of damages you can claim. Furthermore, if you live in a contributory negligence or comparative negligence state, your damages may be reduced if a jury finds that your own negligence contributed to your accident. Your lawyer can answer all your questions and advise you about what you can expect.

Can I settle outside of court?

The vast majority of personal injury lawsuits settle out of court instead of going to trial. This is where your lawyer’s negotiation skills serve you well. Based on his or her prior experience in handling similar cases, he or she will probably have a very good idea of the “worth” of your injuries before negotiations begin. He or she can therefore effectively negotiate with the insurance company and stand firm on the amount of damages you’re claiming, even though the insurance company will probably do its best to settle for a lesser amount.

Will there be a jury trial?

If the insurance company ultimately proves uncooperative, your lawyer’s trial experience then comes into play. The more aggressive he or she is and the better he or she can explain the seriousness of your injuries to the jury via expert witness testimony, the better chance you have that the jury will award you a high amount. If you are wondering what kind of evidence is needed to prove a personal injury case, then call Darrell Castle & Associates, PLLC now.