As the victim of another person’s negligence, pursuing a personal injury claim against them can be incredibly difficult. Not only do you have to gather sufficient evidence to prove they were negligent, but you’ll also have to figure out how to navigate the legal system while dealing with the damages you endured because of their actions. Unfortunately, many are unsure where to begin, thus hindering their case. As such, if you were involved in an accident, the following blog explores the evidence you should collect and the importance of connecting with personal injury attorneys who can help you recover the funds you deserve.
What is the burden of proof in Pennsylvania?
When you are injured in a personal injury incident in Pennsylvania and wish to obtain compensation for the injuries sustained, you’ll first need to meet the burden of proof. As the plaintiff in the case, this is on you to prove, rather than the defendant proving they are not responsible.
As such, you’ll need to meet the preponderance of evidence standard in your case. Essentially, this means that you must demonstrate that your version of events is more likely to have occurred than the other parties. As such, if you can prove that there is a 51% or higher chance that you are correct, you have met this burden.
Typically, four elements in a personal injury case must be demonstrated to meet this burden. This includes:
- The defendant owed the plaintiff the duty of care
- The defendant breached this duty
- The breach resulted in injury to the plaintiff
- The plaintiff suffered monetary damages as a result of the injury
What evidence can I gather to help meet this standard?
To meet the burden of proof, you’ll need to collect evidence to help support your case that the other party was negligent.
Generally, one of the most important things you can do following a personal injury is take photos and videos of the accident scene. This can help show what happened in the accident and the damage inflicted. If possible, you should speak to businesses and homeowners in the area to see if they have security cameras that captured the accident on security cameras.
Similarly, you should keep all medical records associated with the injuries you sustained during the accident. This can help prove the extent of the damages and medical bills you endured following the incident.
Additional evidence that can help support your case includes, but is not limited to, the following:
- Witness testimony
- Police reports
- Incident reports
- Expert testimony
- Digital information (text messages, emails, internet data, etc.,)
- Personal diaries
Gathering this evidence while also trying to heal from the injuries you’ve suffered in this accident can be incredibly difficult. As such, it’s in your best interest to connect with an experienced attorney who can help handle the legal complexities of these matters. At Friedman Schuman Layser , we understand how complicated these matters can be, which is why we are dedicated to helping you recover the funds you are entitled to. Reach out to us today to learn more.
