The Role of Evidence in Personal Injury Cases

The Role of Evidence in Personal Injury Cases

If you are injured in an unintentional injury accident, you may be able to file a personal injury claim to obtain the financial compensation you need to recoup your losses. Losses you may have incurred could include missed wages, pain and suffering, medical expenses, property damages, and more. Depending on how catastrophic your injury accident was and your physical bodily harm, you may have suffered tremendous losses and therefore, require a substantial settlement amount from your claim. No matter how much your claim is worth though, when another negligent party caused your accident and your injuries, you shouldn’t be left to pay the financial burden yourself. A successful personal injury claim that is properly valued and negotiated could result in fair compensation that takes care of the losses that were suffered from the accident.

When filing a personal injury claim, there are several elements that are necessary to prove in order to be successful. The top four are:

  • The defendant had a duty of care to the plaintiff.
  • The duty of care was violated which led to the accident taking place.
  • The negligent actions that caused the accident also resulted in harm to the plaintiff.
  • The plaintiff who was harmed by the accident suffered financial damages. 

When all of these elements can be shown, then a claim will likely be able to recover monetary compensation.

If you were injured in an accident in Florida, you may have assistance filing your claim. A Tampa personal injury attorney at Fulgenio Law can assist you with not only valuing your claim but building it with all of the appropriate information and evidence necessary to help you get the full amount of compensation you are owed for all of your losses

Types of Evidence Used in Personal Injury Claims

The Role of Evidence in Personal Injury CasesNot only is it necessary to explain how an injury accident happened, but it is also critical to back up one’s claims with facts and evidence. Having robust evidence is vital in terms of winning a claim, or a suit, should a claim go to trial. Being persuasive means having the receipts to support one’s assertions. Evidence can do this.

When it comes to gathering evidence every bit counts. And, the sooner the evidence-gathering process starts the better. This is because when too much time passes, the amount of evidence and the quality of evidence can fade. For example, witness memories can become fuzzy and all details may not be remembered as clearly, injuries could heal, or in a car accident, skid marks from a speeding vehicle may dissipate as they are not permanent.

When collecting evidence there are several types that can be used including:


All tangible items that can be easily seen and touched like a defective product, a photograph, a video, or a damaged vehicle.


Paperwork and documentation that get into the details of how the accident happened and the damages that were suffered like the type of injuries that were diagnosed and how extensive they were or a police report describing the accident scene.


Witnesses who saw the accident happen and who can recount what they observed. And also expert testimony can review the case and provide their professional opinions of the accident.

Speak to Fulgencio Law Today

No claim can secure compensation for a plaintiff without evidence. 

For help with a personal injury claim and to learn more about how to get the most from a claim including what evidence will support it, please call an attorney at Fulgencio Law at (813) 463-0123 to schedule a free consultation.

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