Top Ways to Establish Negligence

In any personal injury lawsuit, the plaintiff must be able to prove that the defendant caused the accident due to careless or otherwise harmful actions. Here are the top ways to establish negligence in a personal injury case.

Use Evidence

Judges prefer to stick to the facts instead of hearing emotional testimonies. By using evidence from your accident, there is a strong chance that you will be able to establish negligence. If you were involved in an automobile accident, you can use police investigations, medical records, photographs, traffic cameras, and eye witness accounts to your advantage.

Police investigations and medical records, in particular, offer a third-party interpretation of how the events unfolded. Negligence in a medical malpractice case is a bit more difficult to establish, but electronic health records, medical literature, copies of prescriptions, and other documents can be used to support the case.

Present Damages

When presenting your argument in a personal injury case, be sure to thoroughly describe all damages. These include damages to people as well as property such as vehicles. Costs such as medical bills and auto repairs should also be mentioned. Judges can get a good idea of the defendant’s role in these damages and decide if negligence can be established.

Mention Duties

When establishing negligence, it is important to press the argument that the defendant had a duty to observe safe standards so as not to endanger other people. This will assist you when making the argument that the defendant's carelessness caused your injuries.