Springfield Personal Injury Lawyer
When another person causes you harm and injuries, you deserve to be compensated. Unfortunately, some victims are not aware of their right to file a personal injury lawsuit against the person that injured them.
However, you deserve to recover every dollar you spent towards treating your injuries and the issues they caused. With our firms help, you can ensure that you have the evidence you need to prove every aspect of your case. With the right evidence, you can show why you are entitled to financial compensation for your expenses. You can also claim losses for the emotional impact of your injuries and the effects they have had on your life.
Call the Law Office of John J. Sheehan at (617) 925-6407 for a free case review with our personal injury attorneys.
How to Prove a Personal Injury Case in Springfield
When pursuing a personal injury case in Springfield, gathering evidence is an essential step. The plaintiff needs to provide evidence that demonstrates the other party’s responsibility for their injuries. There are various types of evidence that can serve as proof of fault that our personal injury lawyers can help you obtain, no matter who is in possession of it. The following types of evidence are the most common ones used to prove a personal injury case in Springfield:
Accident Reports
In most cases, police officers write accident reports after conducting an investigation of an accident. However, if you sustained a personal injury at work, your employer would have likely filled out an accident report for their business records and insurance purposes. Such reports typically contain a detailed account of the incident, the names of individuals involved, the nature of the injuries sustained, and any citations issued. These reports can prove invaluable in establishing fault in a personal injury lawsuit and identifying additional evidence and witnesses that could bolster your case.
Witness Testimony
Witnesses can provide vital information about an accident, such as what they saw or heard at the time it occurred. They may also be able to shed light on other contributing factors like poor weather conditions, road hazards, or other circumstances that you might not remember or have been unaware of. Since witnesses are usually not acquainted with the parties involved, their testimony is typically trusted in court as they have no motive to lie under oath. However, witnesses may not always remember events accurately. Hence it is essential to gather as many witnesses as possible who can provide trustworthy and credible testimony regarding the incident.
In Springfield personal injury cases, expert witness testimony is frequently utilized as evidence to establish fault. This type of testimony is provided by individuals who possess specialized knowledge related to your claim, such as in medicine or engineering, which is beyond the average person’s understanding. They can help clarify how products function or explain complex diagnoses to the judge or jury. For instance, if you sustained a back injury in a car accident, an orthopedic doctor might need to testify about the treatment you received and the future impact on your life.
Photos from the Scene
In Springfield personal injury cases, photos are a commonly used form of evidence. They are particularly helpful since certain types of evidence cannot be physically presented in court. For example, you cannot bring your damaged car into a courtroom, but you can provide photos of it during a trial to support your statement.
Photos and videos of the accident scene can demonstrate the cause of the accident and the extent of your injuries. It is advisable to take photos of your injuries at the scene or the hospital, as well, in order to document their severity of them at the time of the accident. Take as many photos as possible from multiple angles of any damage you observe since you never know what might prove useful to your case.
Surveillance Footage
Surveillance footage can also be a valuable resource to prove fault. It is frequently used in car accident cases and can be obtained from sources such as dashcam cameras or speed cameras at intersections. Additionally, with the prevalence of smartphones, witnesses may have captured video footage of the accident as well. It is also possible that nearby residential or business surveillance cameras may have recorded the incident. Our team will investigate the area where your accident occurred to determine if it was captured on one of these types of surveillance cameras.
Personal Recollections
Personal recollections are typically provided by the parties involved in the incident and can be used to support other evidence or as the sole piece of evidence in a case. However, for personal recollections to be admissible as evidence, they must be considered accurate and reliable by the court. Additionally, they must not be influenced by bias or prejudice, and the person providing the recollection must have firsthand knowledge of the incident, as hearsay testimony is generally not allowed.
Damages You Can Recover for a Personal Injury in Springfield
When someone who has suffered a personal injury wins their legal case, they receive financial compensation that reflects the extent of harm caused by their injuries. This compensation is known as “damages” and is determined by both economic and non-economic losses. Additionally, in some cases where the defendant’s actions were intentionally harmful or extremely reckless, the victim could also be awarded punitive damages.
Economic Damages
When someone suffers a personal injury, economic damages are calculated to account for the financial harm they have endured. This includes expenses like medical bills as well as any lost income or missed opportunities resulting from the accident. Victims can also claim future financial losses, like those for future medical treatment and out-of-pocket expenses associated with treating their injuries or managing their legal cases.
Non-Economic Damages
When determining the damages you are entitled to in a personal injury case, your pain and suffering will be taken into account. The purpose of non-economic damages is to address the subjective impact of the injury on a victim’s life. This can include compensation for chronic pain or disfigurement, which may affect the victim’s personal relationships and ability to enjoy life as they did before the accident. Most claims of non-economic losses include claims of mental anguish and depression.
Punitive Damages
In cases where a court determines that the defendant’s harmful behavior was deliberate or extremely careless, additional punishment might be deemed necessary to punish the defendant. For instance, if a drunk driver caused your injuries, a claim for punitive damages would be appropriate and likely awarded. However, punitive damages are not typically awarded in most cases.
Our Springfield Personal Injury Lawyers Can Help
For a free case evaluation with our personal injury attorneys, contact the Law Office of John J. Sheehan today at (617) 925-6407.
