What does the court require in a personal injury claim?
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What does the court require in a personal injury claim?

On Behalf of | Mar 31, 2023 | Personal Injury

An accident can cause irreparable damage to your body and finances. The outcome of even a mild crash can wildly vary from person to person. When the accident is the result of someone else’s careless behavior, you may have the right to file a personal injury claim to recover.

Filing such a court action is not as simple as you may believe. The court has requirements that must meet before it will consider hearing the rest of your case and eventually, award you financial damages.

What is negligence?

You must proffer proof to the judge that the other driver not only caused the accident but acted in a reckless manner in doing so. The at-fault driver should have committed an act of negligence either by breaking the laws of the road or failing to course-correct to avoid a collision.

To prove negligence, you need to offer sufficient evidence that the driver operated the vehicle with blatant disregard for the safety of those on the road.

How did you get injured?

You need to prove that your injuries are the direct result of the crash.  This does not bar you from bringing legal action against the driver of a crash that aggravated a preexisting injury or medical condition. Your medical records should come into play, but the court may require the testimony of an impartial third-party physician.

A personal injury claim that proceeds to court may help you recover the money you spent on medical bills past, now and in the future.