In Michigan, and in numerous other states, negligence serves as the foundation for most personal injury cases. This refers to instances when someone fails to keep you and the others around them safe. Establishing negligence is important because it determines how the carelessness of another person has affected you and caused you harm. However, proving that someone has been negligent is difficult without evidence.
What evidence do you need to prove a personal injury claim?
There are four key elements to look out for when establishing negligence. These include:
- Duty of care: The responsibility of one person to avoid harming another. For example, a driver’s duty to avoid hitting pedestrians.
- Breach of duty: The act of violating one’s duty of care. An example includes a driver speeding on a red light.
- Causation: The direct result of one person’s breach of duty which leads to the injuries or losses of another. An example of causation includes being hit by a driver who sped on a red light.
- Damages: The injuries or damages suffered because of the incident. For example, broken bones caused by a negligent driver.
However, courts are likely to dismiss personal injury claims without proof. If a person breaches their duty of care and you suffer an injury as a result, you will need to submit evidence to prove their negligence. Common examples of evidence include:
- Details of the accident: Recall as many relevant details as possible to strengthen your case. It is important to know where you were injured, when, how and why.
- Eyewitness reports: Contact witnesses who were present at the scene of the accident. Ask them to make statements about what they saw.
- Official reports: Contact police stations for their reports. Police reports are unbiased third-party records that judges often review and consider, potentially giving your personal injury claim more credibility.
- Photographs and videos: Gather as much photographic and video evidence as possible to help both authorities and the court visualize and investigate the scene.
- Medical records: Reports, records and other documents from hospitals can help you with reimbursement. These records are also used to prove the legitimacy of your injuries.
- Financial records: Receipts for trips to the hospital can also help you with proving your injuries. Financial records also help with reimbursement.
Many people consult their attorneys before gathering all the evidence they need to file a personal injury claim. In Michigan, you only have three years from the injury date to file a lawsuit.
What makes evidence so significant?
It is extremely difficult to file a personal injury claim and win without evidence. In most cases, proving the negligence of another person is impossible without concrete proof. You will need evidence to strengthen your case and give it both the legitimacy and credibility it needs to hold up in court. Failing to provide this evidence will make it more likely for the court to dismiss your claim regardless of your injuries or losses.