Personal. Caring.

What evidence is necessary to win a personal injury lawsuit?

The mistakes and bad behavior of people and businesses can cause harm to others. Drunk drivers sometimes cause preventable crashes. Unsafe products can burn down houses or leave people with debilitating injuries when they suddenly fail.

Insurance can provide a degree of relief and protection for those affected by the conduct of other people. Unfortunately, insurance isn’t always sufficient protection given the extent of the losses that people might have. Sometimes, there isn’t any applicable coverage available at all. Other times, the policy limits are too low to fully compensate the injured party.

Arizona law allows those affected negatively by people or businesses to file personal injury lawsuits in civil court. They can seek compensation for all of their significant losses. To win in civil court, plaintiffs have to meet the burden of proof. What evidence is necessary to convince the courts to impose financial responsibility on another party?

Each case requires different evidence

The type of evidence necessary for a premises liability claim is different from the evidence necessary in a claim based on a crash. However, all civil lawsuits are subject to the same basic standards for the evidence presented.

The plaintiff needs to show that a preponderance of the evidence supports their claim that the other party is to blame for their injuries. They need proof of misconduct or negligence and also proof of economic harm.

Thankfully, the preponderance of the evidence standard is easier to meet than the standard used by the criminal courts. A plaintiff does not need to prove their case beyond a reasonable doubt. They simply need to that the majority of the evidence supports their claim.

If more of the evidence than not indicates that their allegations are true, a judge can rule in their favor. The civil courts may review medical records, video footage, police reports and expert testimony when hearing a personal injury case.

Gathering adequate evidence can be a difficult undertaking, especially if someone already has to cope with the consequences of an injury. Strong personal injury lawsuits often begin with a professional review of the situation. The right assistance can help someone hold a business or person accountable – more efficiently and effectively – for actions or omissions that caused significant personal harm.


FindLaw Network

How Can We Help?