What Evidence Is Needed for a Personal Injury Case?

 Posted on May 30, 2025 in Personal Injury

Several kinds of accidents and incidents may entitle you to seek compensation through a personal injury or wrongful death claim. These claims are much more complex than many people realize. It is not enough to blame someone else for causing your injury and related losses. You need different kinds of supporting evidence, and the assistance of a skilled Yorkville, IL personal injury attorney to get it.

What Kinds of Accidents Can Lead to Personal Injury Claims?

Many types of injury-producing incidents could give you grounds to file insurance claims against the at-fault party or parties. Car, truck, and motorcycle collisions are among the most common. Medical malpractice and nursing home abuse also frequently lead to these claims.

These accidents are different, but they have a common underlying theme. You may be entitled to compensation if someone else’s negligence causes it.

What Is Negligence in Personal Injury Cases?

The first evidence you need for your claim must prove that your injuries and related losses are the direct result of another party’s negligence. To establish negligence, you need to show that:

• Someone owed you a duty of care.
• That party breached the duty of care.
• The breach caused your injuries.
• You suffered damages as a result of the breach.

The duty of care differs depending on the type of accident. For example, drivers have a duty to use reasonable care to avoid collisions. Negligence in motor vehicle crashes includes speeding, failing to yield the right of way, and running red lights.

With medical malpractice and nursing home abuse, the providers have a duty to provide appropriate care to their patients. Failing to monitor a patient’s condition, operating on the wrong body part, or delaying appropriate treatment are examples of medical negligence.

What Other Kinds of Evidence Do I Need for a Personal Injury Claim?

When we investigate your incident, we will search for evidence that establishes negligence. We also look for proof that your degree of fault does not exceed 50 percent, as modified comparative negligence in Illinois prevents you from pursuing compensation if you are more than 50 percent to blame.

We need evidence that supports the value of your damages. Damages are financial and non-financial losses that result from an accident. Economic damages include medical bills, lost income, property damage, and ongoing care. The evidence for those damages is found in your wage data, medical bills, and other invoices and receipts. You could also be eligible to receive future accident-related expenses.

Proving that non-economic damages exist is more challenging. These damages reflect the many ways that your injuries have affected your life. Pain and suffering are common damages. We must prove how severely your injuries have diminished your quality of life. Doing so may require specialized medical examinations and expert witness testimony. The nature of your accident and injuries may require additional types of evidence.

Presenting the evidence correctly to maximize your compensation is also necessary. Let us handle the legal aspects of your case while you focus on putting your accident behind you.

Speak to Our Experienced Oswego, IL Personal Injury Attorneys

When you choose Kendall County Injury Lawyers, a Division of Kanoski Bresney, you can count on our dedicated Yorkville, IL car accident lawyers to use all our considerable resources and skills to gather evidence on your behalf. Give us a call at 888-826-8682 or contact us online now to schedule your free case review.