3 Tips For Proving Negligence When Taking A Personal Injury Case To Court

Proving negligence in personal injury case

Guest Post by Emma Sturgis

Negligence is one of the most important terms used in personal injury cases, because winning usually hinges upon proving that the defendant behaved in such a manner. Even though accidents do happen, many of them can be prevented if all parties involved act in a responsible way. Even if there is no dispute that another person was involved in an accident, it does not necessarily mean they are at fault. Victims who seek compensation for an accidental injury must prove that the other party was negligent in their duties, rendering them liable for the result.

Gather Testimony And Evidence Immediately

Memories fade over time and evidence can be easily lost if it’s not preserved in record. Perhaps one of the most important tips for proving negligence in a personal injury case is to get written testimony from witnesses of the event, especially if they were physically present. Even if you aren’t sure if you are going to a file a claim, gathering this testimony can prove essential towards making a case in the future. It’s also a good idea to take pictures, request copies of security footage and collect any documents that may be relevant in court.

Never Go To Court Without A Lawyer

Local and federal laws are subject to interpretation and change, which is why you should always consult with a licensed legal professional before going to court. Working with a proven and reputable firm that specializes in personal injury cases, like Gelman Gelman Wiskow & McCarthy LLC, is essential for giving yourself the best shot for success. Experienced attorneys are familiar with the tricks and strategies that can be used to determine and prove negligence in injury claims. They can also help organize the delivery of testimony and evidence in court to maximize their impact.

Bring An Expert Witnesses Into The Courtroom

While expert witnesses are not warranted in every injury case, there are plenty of scenarios where they can lend support and credibility to a claim. It’s particularly useful to bring in an expert if the topic matter is technical and difficult to understand. A claim against a doctor for medical malpractice can be supported through testimony from a licensed physician or surgeon, since judges and juries may not have intimate knowledge of the subject matter.

No matter what kind of accident you are in, you should take several basic steps towards securing your future in case the injury is more severe than anticipated. You don’t have to use evidence or testimony you collect, but it’s very difficult to get this information months after the event has taken place. These steps can also protect you in the event that another party involved tries to sue you for potential liability in the accident.

President, Publisher at Oakes Media Group
C J Oakes is an author and freelance writer from Lubbock, TX, USA. In addition to this website, he operates OakesWriting.com and BuyLocalLubbock.com.

As an author, he has numerous books to his credit including the best-selling Survive and Thrive After the Collapse of the Dollar series. In addition, he has written over a hundred books for clients since 2011 and has created innumerable web pages for law firms and others worldwide.

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