What Evidence Is Needed for a Personal Injury Claim in Nova Scotia?

When you’ve been injured due to someone else’s negligence in Nova Scotia, pursuing personal injury claims can be instrumental to receiving compensation for losses. However, building a successful claim requires gathering substantial evidence. 

At Preszler Injury Lawyers, we know how to prove injury and the importance of gathering evidence. Consult our law firm to learn more about how our experienced personal injury lawyers can help you.

Speak with a Lawyer About Your Claim Right Away

If you’re involved in a car accident or any other accident leading to personal injury, you shouldn’t waste time contacting a lawyer about the mishap and your rights. You have the right to file a claim against anyone whose negligence led to your injuries. 

A lawyer can help you sort out the facts so you’re justly compensated for your claim. They will review all the circumstances surrounding the accident and use evidence to prove the other party’s negligence.

Types of Personal Injury Claims

Personal injury claims in Nova Scotia can arise from various situations. Some common types include:

• Motor Vehicle Accidents: These incidents involve personal injury sustained in car accidents, truck accidents, or motorcycle accidents.
• Slip, Trip, and Fall Accidents: Slips, trips, and falls occur when individuals are injured on someone else’s property due to hazardous conditions.
• Medical Malpractice: These claims arise from negligent medical treatment by healthcare professionals that causes personal injury.
• Product Liability: These disputes involve injuries caused by defective products.
• Workplace Injuries: These claims occur when people suffer personal injury on the job due to another’s negligence.

Each type of personal injury claim requires specific evidence to demonstrate negligence and underscore the resulting damages.

How to Prove Personal Injury Claims

Proving personal injury claims involves demonstrating how the accident happened and that another party’s negligence caused your injuries. This typically involves establishing several key elements.

Breach of Duty: The first step is to show that the defendant owed you a duty of care. This means they had a legal obligation to act responsibly and avoid causing harm, such as your personal injury. For example, drivers must operate their vehicles safely, and property owners must maintain safe premises. You must provide evidence that the defendant breached this duty.

Causation and Damages: Next, you must prove that the defendant’s breach of duty directly caused your personal injury. This involves establishing a clear link between the defendant’s actions and the harm you suffered. Additionally, you must provide evidence of the damages you incurred, such as lost wages and pain and suffering, as a result of the personal injury.

Expert Testimony and Opinions: Expert testimony may sometimes be necessary to establish causation and damages. Medical experts can provide opinions on the extent of your injuries and the necessary treatment. Accident reconstruction experts can analyze the details of an accident to determine fault. Economic experts can assess lost wages and future earning potential.

Why Is It Important to Gather Evidence for a Successful Claim?

Gathering evidence is necessary for demonstrating how the accident happened and building strong personal injury claims. Without sufficient evidence, it can be challenging to prove negligence and damages, and your claim may be unsuccessful.

Several types of evidence can support personal injury claims. It is vital to gather as much relevant evidence and medical records as possible, and our lawyers at Preszler Injury Lawyers can identify what evidence you need for a personal injury claim in Nova Scotia.

Photographic and Video Evidence

Photo and video evidence of the accident scene, injuries, and property damage can provide indisputable visual evidence. Video and photographic evidence can help demonstrate the accident’s circumstances and the extent of the damages.

Physical Evidence from the Accident Scene

Physical evidence, such as footwear, damaged vehicles, debris, and skid marks, can be critical in establishing what occurred to cause the personal injury. If possible, collect and preserve any physical evidence. 

Witness Statements and Testimony

Witnesses who saw the accident or have relevant information can provide worthwhile witness statements. Their statements may support your version of the accident so you can establish fault.

Medical Records

Medical records are essential for documenting your personal injury and treatment. These records should include diagnoses, treatment plans, medical bills, and reports from healthcare providers. This information is used to establish the severity of your injuries and the effects those injuries have on your ability to work, perform your daily activities and earn an income.

Accident and Police Records

Police reports and accident reports provide official documentation of the incident. These reports often include details about the accident, witness statements, and findings of fault. While some reports might not be admissible evidence in court, they can be persuasive during the insurance and litigation process.

Employment and Financial Records

You must provide employment and financial records if you have lost wages or incurred other financial losses due to your injuries. These records may include pay stubs, tax returns, records of employment, and invoices for expenses.

How a Personal Injury Lawyer Can Help with Your Claim

A personal injury lawyer can provide invaluable assistance throughout the claims process. They can help you in the following ways and more.

Personal injury lawyers usually begin personal injury cases meticulously gathering all pertinent evidence. They will work at:

• Obtaining accident reports
• Securing medical records and bills
• Preserving any available photos or videos of the accident scene
• Identifying and interviewing potential witnesses

Additionally, they can consult with experts such as accident reconstruction specialists to bolster personal injury cases and provide expert testimony.

Personal injury lawyers are skilled negotiators who can effectively communicate and advocate on your behalf with insurance companies. They understand the tactics insurance companies may employ to minimize payouts and can counter them with strong legal arguments based on the facts and evidence.

By leveraging their knowledge of insurance law, personal injury claims, and Canadian law in general, they can negotiate a fair and just settlement that adequately compensates you for your claimed damages.

If a fair settlement cannot be reached through negotiation, lawyers can initiate legal proceedings by filing a lawsuit on your behalf. They will prepare all necessary legal documents, gather and present evidence in court, and represent you during trial. Throughout the litigation process, they will argue your case persuasively and fight for your rights to obtain the maximum compensation you deserve.

Lawyers possess in-depth knowledge of personal injury law and can clearly explain your legal rights and options. They can guide you through the legal process, gathering evidence to build your claim and ensuring you are well-informed and make empowered decisions every step of the way. Providing you with comprehensive legal counsel can help alleviate the stress and uncertainty associated with pursuing personal injury claims, allowing you to focus on your recovery.

Key Takeaways

• Investigate Your Claim: Lawyers can gather evidence, interview witnesses, and consult with experts to build a strong case.
• Negotiate with Insurance Companies: Lawyers can handle communications with insurance companies and negotiate for a fair settlement.
• File a Lawsuit: If a settlement cannot be reached, lawyers can file a lawsuit and represent you during the various phases of litigation including court, presenting evidence to a judge and jury.
• Understand Your Rights: Lawyers can explain your legal rights and options and guide you through the process.

Schedule a Consultation with an Experienced Personal Injury Lawyer Now

Having a lawyer on your side gathering the proper evidence can significantly increase your chances of a successful outcome. You should speak to a personal injury lawyer immediately to file a personal injury claim. Arrange for a free consultation now. Contact Preszler Injury Lawyers today.