How Hard Is Proving An Injury Claim?

2 March 2021
 Categories: Law, Blog


Injury claims come in a wide range of types, and that can make it hard to figure out whether it will be difficult to prove your case. However, an injury attorney looks at several key pieces of information to determine just how hard it might be to prove a client's argument that they deserve compensation.

Video Evidence

The rapid spread of surveillance video systems, cellphones with cameras, dash cameras, and other devices has significantly changed the way an injury lawyer assesses a case. Witnesses frequently take videos of accidents. Likewise, there are often cameras in stores, at roadway intersections, and at ATM machines that may capture what happened.

An attorney will frequently try to find several videos with different angles to see the events unfold. Presenting the videos can bolster the claimant's narrative and show how one set of events led to another. Videos also may show who was where, making it easier to track down people who saw the incident.

Medical Reports

As much as the sequence of events matters, so too does the outcome. It's normal for an injury attorney to send a demand package that includes hundreds or even thousands of pages of medical reporting to an insurance company. This provides an expert opinion about what happened. It also allows the insurer's experts to review the claim and see how bad the injuries are.

Naming a Defendant

One issue that usually pushes a case dramatically closer to or further from being easy is whether a defendant is identifiable. Some cases are complex in terms of who the defendant might be. Consider an incident at a store in the mall. There are scenarios where the store's operator is clearly liable, but there are ones where there might be a dispute over whether the store or the mall is liable.

Similarly, it can be challenging to address the lack of a defendant if an incident happened quickly. It's hard to prove a case if you can't tell the court who committed the act.

Contributory Negligence

A potentially strong defense in an injury case is that the claimant was predominantly liable for what happened. In most states, a defendant must be at least 51% liable before they owe anything. If the claimant's conduct, such as running on a slippery floor, was the main cause of the incident, the insurance company might decide to reject the case. You and an injury lawyer would then have to sue to have any hope of recovering compensation.