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Proving a Personal Injury Lawsuit

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Proving a Personal Injury Lawsuit

Proving a Personal Injury Lawsuit

Several steps go into proving a personal injury lawsuit. Many of these steps depend on the severity of your injuries, what caused your injuries, and whether you suffered additional damages from those causes. For example, personal injuries from medical malpractice would require different types of evidence compared to injuries from a car accident. In any case, contacting an experienced Delaware personal injury lawyer can help guide you along this process to obtain the compensation you need. 


Proving a personal injury lawsuit involves different levels of factors. Personal injury lawsuits tend to involve proving that a duty of care was breached by a negligent third party. Before this can be proven, you must prove that a duty of care was present. A duty of care can be anything from Proving a Personal Injury Lawsuitproviding adequate medical care to selling safe products.

This duty of care is considered breached when the third party either fails to warn you of the risks of injury or causes your injuries through negligent actions. For example, a property owner who fails to put up a sign to warn visitors of unlevel footing at a garage sale could be held liable for slip and fall injuries. Doctors who misdiagnose patients are held liable for any negative effects that come from their failure to make an accurate diagnosis. Product manufacturers who fail to include warning labels or create defective products are liable for customer injuries and deaths. 

Negligence is the connecting factor between the duty of care and the injuries you suffered. Common examples of negligence are carelessness, intentional damaging behaviors, and being under the influence of mind-altering drugs. For example, a drunk driver would be liable for the damages they caused in a car accident. The negligent aspect of this case would be driving under the influence of alcohol. 


The aim of proving a personal injury case is to obtain compensation for the damages you suffered. Personal injury lawsuits often involve more than just medical bills for your injuries. Depending on the cause of the accident and severity of your injuries, you may be able to receive compensation for lost wages from work, future lost wages, and repair costs. 

Common repair costs from these types of accidents are for car or property damages. If your injuries were severe, came with lifelong disabilities, or involved prolonged suffering, you may also be able to sue for pain and suffering. Pain and suffering can be harder to prove because of the subjective nature of these damages. Working with the right lawyer can increase your chances of obtaining more compensation than suing the third party on your own. 


Figuring out the evidence you need to prove your personal injury case can be confusing and tedious at times. Try talking with an accident attorney in Delaware for guidance during this process. All you have to do is contact Edelstein Martin & Nelson at (302) 295-5050 today for a free consultation. We are located in Wilmington, Delaware. 

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