Proving Your Injury Claim

When someone else causes an accident and you sustained injuries, you might be certain that the party should be liable for your losses. However, no insurance company will simply take your word for it that their policyholder is to blame or how much you are owed. Instead, you will be expected to prove both liability and damages to prevail in your claim.

Liability

Most injury claims are based on negligence, which means you must prove the following:

  • The person or company responsible owed you a specific duty of care
  • The person or company breached their duty of care
  • The breach of their duty led to your injuries
  • You sustained damages as a result of your injuries

Common examples of negligence include violating traffic laws while driving or a store failing to clean up a slip and fall hazard that leads to injuries. Proof of negligence can involve witness statements, photos, video footage, and more.

Damages

The goal of an injury claim is to collect damages to compensate you for your injury-related losses. Damages can be based on monetary losses or intangible losses, and future losses that you expect to incur might also be included. Some ways to prove damages include:

  • Medical bills and medical records
  • Pay statements showing that you missed work and lost income
  • Expert opinions about future medical care that you need
  • Expert opinions about any permanent impairments from your injuries
  • Journals and other statements regarding the pain and suffering you experienced

Contact a Personal Injury in Boca Raton for a Free Case Evaluation

At the law firm of Glotzer & Kobren, we understand how to prove injury claims for our clients, whether a case involves an insurance claim or a lawsuit in civil court. Call 561.361.8677 or contact us online to discuss a possible case with a Boca Raton injury attorney.

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