Serving The Injured In New York And Pennsylvania

Proving negligence in your personal injury case

On Behalf of | Mar 25, 2024 | Personal Injury

When you file a personal injury lawsuit, you must prove the other party acted negligently to receive compensation for your damages.

Negligence is proven by showing that the other party had a duty to act a certain way, failed in that duty and that failure caused your damages, which can include medical expenses, lost wages and pain and suffering.

Comparative negligence in Pennsylvania

Pennsylvania uses a comparative negligence standard in personal injury actions. This means your compensation may be reduced based on your own percentage of fault in the accident or incident. However, you can still recover damages if your negligence is not greater than the other party’s.

There are many types of evidence that can be used to prove negligence.

Medical records are one of the most important pieces of evidence for establishing negligence. Your records can show the extent of your injuries and the cost of your medical care.

Photos and videos

Obtaining pictures and videos of accident scenes today is much easier than in the past. Photos and videos are strong evidence that can be used to prove negligence.

You can take photos and videos of the accident scene, but video footage of the accident itself can be extremely powerful evidence, as well. Talk to witnesses to see if there is any camera footage of the accident.

Photographs of your injuries are also helpful to help a judge or jury see the extent of your injuries.

Some accidents result in criminal charges or traffic violations. Evidence that the other party was criminally charged or received a traffic citation can help prove negligence.

Statements of the other party

Some evidence is much simpler to obtain, such as the statement of the other party. For example, after a motor vehicle accident, the other driver may acknowledge they were responsible for the accident.

If anyone heard this statement they could testify about it in court. Witnesses could also testify about seeing the accident themselves.

Knowing the best types of evidence to use for your case requires a thorough examination of the circumstances that led to your injuries.