Demonstrable Evidence in a Personal Injury Case
Posted in Personal Injury on September 3, 2023
When a person sustains an injury caused by the negligent actions of another, they are often able to recover compensation for their losses. In order to successfully recover this compensation, there will need to be “demonstrable evidence.” This type of evidence can establish the at-fault party’s liability for causing harm to the victim. iF you have been injured, contact our team at Elk & Elk Co., Ltd today for a free case evaluation.
What Makes Evidence “Demonstrable?”
We only have to look at the word demonstrable to gain an understanding of what type of evidence is necessary for a personal injury claim. The evidence has to “demonstrate” to other parties involved what happened and the damages that occurred.
Demonstrable evidence comes in a variety of forms, but the main feature of this type of evidence is that it is “visual.” This is the type of evidence that insurance carriers and personal injury juries can see with their own eyes and come to a conclusion. Some of the most common types of demonstrable evidence include:
- Photographs from the scene of the incident
- Video surveillance footage
- Medical scans such as X-rays and MRIs
- Various charts and diagrams
- Physical or computerized models
Demonstrable evidence allows insurance carriers, juries, and judges the ability to conceptualize the incident, any injuries that occurred, and the defendant’s negligence. This evidence can help illustrate the extent of the victim’s damages.
How This Evidence is Used
In order for a personal injury claim to be successful, the at-fault party and their attorney need to establish that the four elements of negligence are present. Demonstrable evidence is used to show these four elements:
- Duty. It must be shown that the defendant (the person who allegedly caused the injury) owed a duty of care to the plaintiff (the injury victim). The duty of care will look different depending on the type of injury scenario. For example, drivers on the roadway automatically owe a duty of care to others, and this duty includes following all traffic laws and operating the vehicle safely. Property owners owe a different type of duty to their guests, which includes ensuring the premises are free from known hazards.
- Breach. After establishing that there was a duty of care between the two parties, it must be shown that the defendant somehow breached their duty of care. This is where the demonstrable evidence is critical. The evidence must show that the defendant somehow neglected their duty to the plaintiff. For example, drivers can breach their duty of care in a number of ways, such as driving while impaired or distracted, speeding, failing to follow other traffic laws, etc.
- Causation. After showing that there was a breach of duty, an attorney will need to show that the breach is what actually caused the plaintiff’s injuries. The demonstrable evidence will also be used to show the causation between the breach and the injuries.
- Damages. Finally, it must be shown that the plaintiff sustained monetary losses as a result of the breach of duty and their injuries. The demonstrable evidence, including medical records and pay stubs, can help establish these damages.
We encourage any person who has sustained an injury caused by the negligent actions of others to reach out to a skilled attorney as soon as possible. A personal injury lawyer can handle every aspect of the claim and help clients move toward a successful resolution.