With so much on the line in your personal injury case, it is valuable to have an attorney who will keep you informed throughout the recovery process, advocate for a fair settlement in negotiations, and prove fault if your case goes to court.
There are 4 elements of personal injury claims that plaintiffs must prove to win lawsuits, all of which our lawyers can explain and establish during your case. To prove the different elements and establish fault, we can use a combination of evidence, including surveillance footage, eyewitness testimony, medical records, and proof of damages. While you do not technically have to prove fault to get a settlement, you do need a good enough case that could prove fault so the defendant has more reason to avoid going to court.
Get a free case evaluation from our personal injury lawyers by calling Basch, Keegan & Spada now at (845) 303-2748.
What Do You Have to Prove in Your Monroe, NY Personal Injury Case?
You have to prove very specific elements to win any personal injury case in New York.
Duty of Care
The first thing a personal injury plaintiff must establish during a lawsuit is that the defendant owed the plaintiff a duty of care when the accident happened. Another driver on the road, the manufacturer of a product you use, and the owner of a property you visit may all owe you a duty of care and should act with your safety in mind.
Breach of Duty
The second element in personal injury cases is breach of duty. We need to show what the defendant did that violated their duty of care. Both action and inaction can be considered breaches of duty, depending on the scenario. A breach of duty is a negligent act, such as speeding, drinking and driving, or failing to fix property hazards.
Causation
Third, the plaintiff must present evidence that confirms the defendant’s breach of duty directly caused the plaintiff’s injuries. It is not enough for a defendant to do something negligent or reckless in proximity to you; the causal link between their action or inaction and your injuries must be clearly established to win your case. This is the element that eludes and confuses most plaintiffs, and why having an experienced lawyer in your corner is important.
Damages
Finally, we need to prove that you suffered compensable damages due to negligence, such as medical bills from hospital stays and follow-up care, lost wages if you are unable to return to work, and intangible damages for how the accident has affected your quality of life.
What Can You Use to Prove the Different Elements of Your Personal Injury Case?
Prove all elements of a personal injury case using the strong evidence our lawyers collect during our investigation.
Surveillance Footage
Surveillance footage can help us establish several different elements of your personal injury case. It can place a defendant at the scene, capture their negligent conduct, and film the moment you sustained your injuries. We may obtain surveillance footage from businesses or homeowners in the area when we begin investigating your case.
Eyewitness Testimony
Eyewitnesses can testify in court and corroborate our account of the accident and the defendant’s negligent conduct. Eyewitnesses can discuss injuries they saw you sustain at the scene and anything else of note that they witnessed firsthand.
Eyewitness statements may be most useful when they are immediately recorded, and our personal injury lawyers can make this a top priority when we handle your case.
Medical Records
Medical records from before and after an accident can help us confirm that you were injured because of the specific instance involving the defendant and did not have any pre-existing injuries that could complicate your case. Medical records can show the date you sustained injuries and the type of care you received in the following days, weeks, and even months.
Proof of Damages
Bills, invoices, income records, and other documentation can serve as proof of the damages you incurred because of someone else’s negligent conduct. We need ample proof of damages to support our compensation requests, and we can start tracking them right away so that you don’t lose count and underestimate your case’s value.
What Do You Have to Do to Get a Good Personal Injury Settlement in Monroe, NY?
You may not have to prove your case to get a good settlement, but that doesn’t make it much easier than winning a case at trial for personal injury plaintiffs.
Know Your Damages
To get a good personal injury settlement, you need to know what your case is worth. That requires our lawyers to tally all the expenses and damages from your injuries, including medical expenses, lost or missed wages, and other out-of-pocket costs.
In addition to your economic damages, you need to appreciate your non-economic damages and quantify them so you can tell whether a settlement offer is good or bad before deciding whether to accept or reject it.
Build a Convincing Case
Personal injury plaintiffs may secure strong settlements by preparing for trials, even if they anticipate settling. The stronger your case is, and the more capable you are of proving all 4 mandatory elements of a personal injury claim, the more willing the opposing side may be to settle the case faster and for a fairer amount.
Wait for a Good Offer
Patience is key during settlement discussions for personal injuries. If you jump at the first offer and settle too soon, you could lose out on additional compensation that would have been available through further negotiations. You can’t change your mind after you sign a settlement release, so don’t do this too prematurely.
Reach Out About Your Monroe, NY Personal Injury Case
Get a free case review from Basch, Keegan & Spada when you call our personal injury lawyers at (845) 303-2748.