For a personal injury case to be successfully settled down there must be a sufficient amount of evidence to show the extent to which the abuser is liable for what has occurred. So it is natural for the victims to wonder how to prove the aggressor’s guilt in a personal injury case.
THE LEGAL CASE VARIES ACCORDING TO THE INJURY
The evidence that should be collected depends on the cause of the injuries, but they share several common characteristics.
In most injuries, it is necessary to seek a professional in the matter. For example, if the injury was caused by medical malpractice, a physician who graduated in the area of the injury must validate the injury and provide his or her professional explanation about the origin of the events.
Something similar would happen in a car accident. In this case, the road construction and design specialist would have to write a report detailing the facts. And to target, in his expert opinion, a possible culprit.
Aside from expert opinion, the victim also needs to collect tangible evidence if possible. Some examples of tangible evidence are:
1. Photographs of the injury.
2. Photographs of the place where the injury occurred.
3. Testimonies of witnesses.
4. Statement from the police when the accident occurred. (Vehicles)
5. Treatments, receipts, and invoices for consultations before the surgical procedure where the injury occurred. (Medical malpractice)
If tangible evidence cannot be collected for some reason or another, the attorneys will be responsible for proving the possibility that a crime has occurred through circumstantial evidence.
• If a woman suffers psychological abuse in her home because her husband insults and threatens her every day, evidence from her family environment can be used to successfully pursue her claim for psychological abuse.
• An elderly man slipped and fell inside a shopping center due to poor security measures. He did not take photos of the place where the accident occurred and no one saw him fall. In this case, his lawyer would investigate the current condition of the place where he claims to fall and investigate whether other people have also suffered injuries there to establish evidence of negligence against the owner.
LEGAL DISCOVERY PROCESS TO PROVE THE FACTS OF THE CASE
After having collected all the needed evidence, the rest of the process is quite simple. Personal injury cases generally do not go to court, but more than 90% of them are resolved with an out-of-court deal.
So once the offender sees that there is sufficient evidence against him he is unlikely to be reluctant to cooperate and pay compensation. In case he does, the personal injury lawyers will present the evidence before a civil judge and the same judge will impose the obligation to pay it.
GETTING READY FOR THE CASE ACCORDING TO THE FACTS STUDIED
Throughout the article, the importance of personal injury lawyers Calgary has been seen. Thanks to them, expert testimony was gathered and tangible evidence obtained. Also, with their help, the victim was able to speak with their offender and reach an amicable agreement.
If you or any of your family members are experiencing a personal injury at the fault of another person, you can be sure that if you contact a lawyer, it will be easier for you to collect the evidence and, through it, you will be able to get the compensation you deserve.