If you are injured in an accident, getting compensation for your injuries requires more than just filing a claim or lawsuit. You will need to prove your personal injury claim through the use of evidence. Most personal injury claims are settled out of court, but evidence is still needed even in these situations.
Evidence is anything you might use or present that makes your position in the case more or less likely to be true. If you go to court, the judge or jury would look at the evidence presented and use that evidence to determine what they believe to be the truth. Proving your case may depend on your ability to present sufficient and proper evidence, so dive into all the details below to learn more.
What Do I Need to Prove to Win My Personal Injury Case?
To be successful with your claim, you will need to prove the legal elements of your case. Different types of personal injury claims require proving different elements. For instance, the proof required in a car accident case may vary widely from the proof required in a medical malpractice claim.
Most personal injury claims are based on the legal concept of negligence. Negligence occurs when you are injured because of someone else’s careless behavior. To be successful in a negligence claim, you must prove four elements. Those are:
- The defendant owed you a duty of care
- The defendant breached their duty of care
- You suffered some damages as a result of the breach
- Your damages were both a direct and foreseeable consequence of the defendant’s conduct
Proving each of these elements will require you to present evidence that shows they are each true.
What Is The Burden of Proof?
Different types of cases have different burdens of proof. For instance, in a criminal case, the prosecution must present enough evidence to prove guilt “beyond a reasonable doubt.” However, in most personal injury claims, the burden of proof is known as “a preponderance of the evidence.”
The burden of proof in personal injury cases basically means you must present enough evidence that your story is more likely true than not. Some people may refer to this as the 51% rule. In some situations, such as when punitive damages are involved, you may have to present more evidence to meet a higher burden of proof.
What Are The Ohio Rules of Evidence?
The Ohio Rules of Evidence are a set of rules and standards governing what types of evidence may be allowed in court. These rules also limit certain types of evidence and specify when evidence may not be allowed. The rules of evidence are not always straightforward, and they can sometimes be difficult to understand. An experienced attorney who understands all these rules can help you present the required evidence to prove your case.
When Is Evidence Presented?
The way that evidence is presented in your case somewhat depends on whether a lawsuit is filed. If you simply file a claim with the insurance company, you will typically submit evidence along with your claim. The insurance adjuster might request additional documentation or evidence from you throughout the claims process.
When a lawsuit is required, things are a little different. Generally, you do not want to show all your evidence to the other side during a lawsuit because this can allow them to counter that evidence. However, the rules of civil procedure may require you to share the evidence in your possession. The pre-trial discovery process is the method by which the parties may compel evidence to be produced by the other party.
Filing a lawsuit is the first step in kicking off the pre-trial discovery process. Remember that filing a lawsuit does not always mean that your case will end up going to trial. In fact, it probably won’t. The vast majority of personal injury claims are settled prior to trial.
After a lawsuit has been filed, the discovery process may start. There are generally four methods used during discovery to compel the production of evidence. Those methods are:
- Interrogatories: Interrogatories are written questions that must be answered within a specific timeframe
- Depositions: A deposition allows you to question a witness under oath outside of a court setting
- Requests for production: This method is essentially a demand that the other party produce specific evidence for you to see
- Requests for admission: This is a request for the defendant to admit to certain facts
Remember that these methods can be used in your favor as well as against you. Although you can compel the defendant to produce evidence, they can also compel you to produce evidence as well. Failure to comply with any of these discovery methods could result in reprimands or repercussions from the judge in the case.
How a Personal Injury Lawyer Can Help With The Evidence in Your Case
Understanding and following all the rules of evidence during a personal injury claim can be difficult. However, producing evidence that is allowed in court that will prove your claim is crucial to getting compensated for your injuries. Instead of trying to navigate that process on your own, let an experienced Columbus personal injury lawyer help you.
Our experienced team can help you gather and present admissible evidence to prove your case. We know and understand the Ohio rules of evidence, and we can also object to inadmissible evidence submitted by the defendant. Contact Mani Ellis & Layne Accident & Injury Lawyers today for a free consultation, or call us at (614) 587 8423.
