The base for a personal injury claim or lawsuit is negligence. The plaintiff’s attorney’s first step is to prove that the defendant was negligent or careless and did not use sensible care or good judgment, which resulted directly in the accident that caused injury to the plaintiff.
According to personal injury law, the plaintiff is allowed to seek compensation for losses including medical expenses and all lost wages. The strongest personal injury case is one that has been well documented, in which all of the facts support the claim. One of the first steps on the claims process is when the legal team for the plaintiff gathers the following kinds of information as evidence:
- A list of witnesses that can provide a testimony about what they saw and how the accident happened
- The official report from the police
- All medical bills, reports, and bills related to the injury
- Pictures or videos that document that aftermath of the incident, including evidence of the injury or unsafe conditions at the time of the accident
- Any legal correspondence or documents related to the matter
- Notes taken immediately following the accident, recalling details and circumstances of the event
- Torn, bloody clothing or other relevant evidence from the accident scene
Preserving evidence is very important because the defendant and his or her legal team and insurance company will strive to prove the plaintiff wrong. Their goal is to prove that the defendant is not accountable for the injury or payment to the victim.
If your personal injury claim escalated to a lawsuit, your attorney may try to line up expert witnesses as well. These witnesses can attest to the severity of your injuries and losses.
If you have been the victim of an injury at the fault of someone else, contact a personal injury attorney in New Braunfels, Texas today. The Bettersworth Law Firm attorneys can help you with your personal injury case today.