Proving an Auto Accident Personal Injury Claim

Law Blog

When you make a claim of personal injury against someone, you are required to prove that he/she caused your injuries to get compensation. Sometimes it is easy to get a settlement whereas at times it is difficult to reach a reasonable settlement. Here's what you need to do in order to prove your personal injury case when you seek legal services.

The Injured Person's Burden in an Injury Claim

When you take a personal injury claim to court, the burden is on you to prove the elements that are being alleged. The elements you are required to prove depend on your case. In personal injury claims, duty of care is a phrase that is commonly used. Duty of care means that the one who is accused of causing harm was legally obliged to exercise a certain level of caution. There are four main elements you need to show in a personal injury claim alleging negligence.

  • The defendant (person who injured you) owed you a duty of care
  • The defendant breached their duty of care
  • The defendant's breach of duty caused your injuries
  • Damages need to be paid for the injuries that you sustained

How to Gather Evidence for Your Case


Photographic evidence is important for car accidents and can also be used in other types of injury claims. You should take photos of the damaged vehicle, the road debris and the condition of the street or road where the accident took place.

Police Reports

A police report is invaluable evidence especially if the police conclude that the accident was a result of negligent actions such as failing to yield or disregarding a red light. The police report testimony will strengthen your case against the defendant if it shows that he/she was at fault.

Eye Witnesses

After an accident, you need to gather the names of the people who witnessed the event. Ensure you get statements from these witnesses regarding how the events occurred so that you can determine whether they will help your case.

Medical Records

You should present medical records that date back to the time of your injuries. If you delay in seeking medical attention, the defendant will argue that your injuries are not legitimate or were not a result of the accident.

Proof of Absence from Work

It is important to proof that you failed to work because of the injuries you sustained from the accident. You may ask your employer or a fellow work mate to testify that you missed work. Lost wages help determine the amount of damages that you will get.

Journal Entries

Pain and suffering are one of the damages awarded during a personal injury case. Writing down how you have been affected by your injuries is one of the best ways of conveying what you are going through. In many personal injury cases, journal entries are considered as crucial evidence of a plaintiff's pain and suffering as a result of an auto accident.


30 December 2015

Sorting out my dad's estate

My dad died when I was still pretty young so it's been a big surprise all the stuff I've had to do to sort out his estate. I'm an only child and my folks divorced when I was a baby so most of the work fell to me. He was kind of disorganised and grumpy, but at least he'd spoken to his lawyer and got a proper will drawn up which saved on confusion at a tricky time. If you are a young person dealing with the estate of a deceased parent, this blog is designed to help you navigate the legal processes.