Personal Injury Evidence

July 20, 2020

If you are injured in an accident, obtain personal injury evidence, whether it be caused by a motor vehicle, slip and fall, medical malpractice, dog bite, faulty product or any number of reasons; and if your injuries are caused by the negligence of another party, you need a lawyer for a personal injury case. You need to find one who has assisted others in a similar circumstance and was able to get them just compensation for their injury. You may be entitled to present and future medical expenses, lost wages now and in the future, depending on the extent of your injuries, and damages for pain and suffering.

The Statute of Limitations in filing a claim for personal injury for most cases in Kentucky is generally one year from the time of the injury. These limitations are set to prevent the filing of a claim after all evidence has been lost or destroyed and witnesses to the incident have disappeared or are no longer sure of what they saw. Your personal injury attorney knows the case must be thoroughly investigated, evidence gathered and preserved, and witness testimony collected all in a timely manner. Many factors have a bearing on the Statute of Limitations and its bearing on a particular case.

Some cases involving motor vehicle accidents have a two-year limitation on filing but care must be taken, as many factors come into play which could reduce that time limit. Your Kentucky personal injury attorney will evaluate your case to determine the deadline for filing your suit. The evidence in the case must prove both liability and damages with reasonable certainty, with the burden of proof being on the plaintiff. They must prove that they suffered harm, the defendant’s act or failure to act caused the harm, and the defendant’s act or failure to act constituted a breach of duty owed them.

The case also requires causation, whereas, but for the action or lack thereof by the defendant, the injury would not have occurred. Your attorney must establish the “duty of care,” the breach of that duty of care and the causation connection to demonstrate that the defendant is liable for the damages stemming from their wrongful act.

To help prove your case, one of your most important pieces of evidence are your medical records. It is important to seek medical attention immediately after the accident. If paramedics are called to the scene, let them examine you even though you may not feel any effects yet; this sometimes takes until the shock has started to wear down to manifest itself. You need to be examined, diagnosed and treated by your health practitioner and everything needs to be thoroughly documented.

Be diligent in keeping every doctor appointment so you don’t give the opposition a reason to question the extent of your injuries. Your medical records will be a crucial factor in deciding your case and the amount of damages you will be entitled to. Your attorney will know which records need to be presented and the fact that you are their client will make it relatively easy to obtain them. You or family members need to inform them of any organizations that had input on your treatment and recovery to fully prepare him to represent you.