If you are injured because of a traffic accident, dog bite, fall, defective product, medical malpractice, or other personal injury accident, Pennsylvania’s personal injury laws allow you to recover compensation from the party who caused your injury. However, you must prove that the person or party caused the injury to recover compensation for damages. Hiring an experienced Erie personal injury lawyer to conduct an investigation to identify the liable party and gather evidence to prove fault is crucial to recovering a fair and just amount for your injury claim.
Elements of Negligence
If you suffered an injury caused by another party’s negligence, you will need to prove the elements of negligence. You must have evidence to prove that:
- The party owed you a duty of care. For instance, a driver owes a duty of care to others to operate the vehicle safely and obey traffic laws. A property owner owes a duty of care to visitors to maintain the property to avoid injury. Doctors and medical providers owe a duty of care to their patients not to cause harm.
- There was a breach of the duty of care. A breach occurs when the party fails to act in a manner that is consistent with the way a reasonable person would act, such as a driver who drives the wrong way down the street or a property owner who fails to repair broken steps.
- The breach of duty caused your injury. There must be a causal relationship between the breach and your injury. For instance, you fell because the stairs were broken or the vehicle going the wrong way crashed into your vehicle.
- You suffered damages because of the breach of duty. Damages may include physical injuries, medical bills, lost wages, property damage, pain, and suffering.
Using Evidence to Prove Negligence and Liability
To recover compensation for a personal injury claim, you must have evidence to prove the elements of negligence and the extent of your damages. The evidence required may vary depending on the type of case and the factors in your case. Evidence in a personal injury case may include:
- Police or accident report
- Medical records
- Documentation of missed work and evidence of income
- Evidence from the accident scene such as damage to the vehicles, skid marks, traffic signs, traffic signals, etc. for a car accident and hazardous condition for a slip and fall accident
- Eyewitness statements
- Product, packaging, and instructions for a defective product claim
- Expert witness testimony such as physicians, economists, and accident reconstructionists
Our legal team works diligently to uncover evidence that maximizes the chance of recovering full compensation for all damages. We work closely with your physician to determine your prognosis to include future damages in a demand for settlement or lawsuit.
Contact Our Erie Personal Injury Lawyer for a Free Case Review
If you have been injured, you need to protect your legal rights. We have many years of experience representing accident victims and recovering fair compensation for personal injury claims. Contact The Travis Law Firm at (800) 401-2066 to request a free legal consultation with our Erie injury lawyer.