Proving that someone else is responsible for your injuries can be challenging. Defendants will try to escape liability, and their insurers and legal teams will help them. When you’re dealing with an accident that caused you serious injuries, you can expect to have to work hard to prove your case.
How to Prove a Personal Injury Claim
To win compensation through a personal injury claim, you have to prove another party is liable for your injuries. You have to establish several elements of your theory of liability. In most cases, you’ll allege the other party is liable based on negligence. It’ll take various types of direct and circumstantial evidence to prove the defendant’s negligence harmed you.
The Elements of Negligence
There are four distinct elements of negligence. You have to prove each element to recover compensation. If you can’t establish one or more elements, then an insurer can deny you a settlement, or a jury can rule in the defendant’s favor.
Duty of Care
You must prove the defendant had a duty of care toward you. Usually, other people have a duty of ordinary care. They’re supposed to act like reasonably prudent people would under the same or similar circumstances. In other words, they’re supposed to be careful and avoid hurting others. The defendant’s duty of care, though, can depend on the circumstances.
Breach of Duty
Once you prove the other party had a duty toward you, then you have to prove they breached it. You must present evidence that the defendant failed to act like they should or behaved badly. This might require showing a jury how something should have acted compared to how the defendant actually behaved.
Causation
It’s not enough that a defendant was careless. You have to prove their carelessness caused the accident in question. Causation has two parts: direct cause and proximate cause. You’ll have to establish that the occurrence wouldn’t have happened without the defendant’s conduct and that no one else’s conduct was a more significant cause (though more than one person can be liable for your injuries).
Damages
You have to prove you were actually hurt in the accident. You’ll need to present proof to the insurer or jury of your physical and emotional injuries. You won’t receive compensation if the defendant was careless and caused an accident, but you’re fine.
Other Theories of Liability
Most personal injury claims are based on negligence. But this is only one theory of liability. There are many others. Depending on your circumstances, you might claim the defendant was grossly negligent, strictly liable, or breached a warranty or contract. Your New York personal injury lawyer will discuss the reason why the defendant is liable and the elements of proving that reason in court.
The Burden of Proof
You also have to meet a burden of proof. This is the standard of how much evidence you need to provide to prove your allegations. In a personal injury claim, you have to prove the defendant’s liability “by a preponderance of the evidence.” This means the jury can agree that it’s more likely than not the defendant is responsible for your injuries. This is a lesser burden of proof than “beyond a reasonable doubt,” which is used in criminal cases.
You Need a Lawyer to Conduct an Independent Investigation
You need evidence to prove negligence by a preponderance of the evidence. Your personal injury lawyer will gather that evidence through an in-depth and independent investigation. If you filed an insurance claim, then the insurer is required to investigate the accident. But you shouldn’t rely on the insurer’s findings and conclusions.
It’s best to work with an attorney who will investigate the case with your best interests in mind. Your attorney might find different or additional evidence from the insurer. They also might reach a different conclusion from the insurer based on the available evidence.
The Investigation Process
We’ll take several steps during the investigation process, including:
- Gathering a full statement from you regarding what happened leading up to and during the accident;
- Obtaining a copy of the police report;
- Obtaining copies of any photos or videos of the accident;
- Interviewing eyewitnesses to the accident;
- Obtaining copies of your medical records;
- Consulting with a medical expert regarding how to prove your injuries and the resulting pain and suffering;
- Obtaining lost income verification from your employer;
- Gathering financial records to establish your past and future lost income; and
- Consulting with an economic expert if a disability makes you unable to return to work.
Investigations Continue Through Discovery
Your personal injury lawyer will investigate the accident and your injuries as thoroughly as they can. But there might be evidence your lawyer can’t reach without filing a lawsuit. Once you file a personal injury lawsuit, you enter discovery. Each side can use legal tools to gather information from each other. This is how your lawyer continues to investigate your claim and gather additional evidence that can help you prove your case.
How Your Lawyer Gathers Evidence During Discovery
Your lawyer will use depositions, requests for admissions, interrogatories, and requests for production of documents during discovery.
- Depositions are out-of-court interviews with witnesses and other material parties.
- Requests for admissions require the defendant to admit whether certain statements are true or false.
- Interrogatories are questions the defendant must answer.
- Requests for production of documents require the defendant to hand over certain information, such as hardcopy or digital business records or communications.
Types of Evidence
There are many types of evidence your lawyer can use to prove your personal injury claim.
Direct Evidence
Direct evidence speaks for itself. A juror isn’t asked to infer anything from this type of evidence. Examples would include a defendant admitting fault or eyewitness accounts of what happened. Another example is video footage of a car accident.
Circumstantial Evidence
Circumstance evidence suggests something is true. When your lawyer presents circumstance evidence, they’re asking the jury to infer something or connect something with the accident. Your lawyer might introduce the defendant’s phone records to prove they were texting and distracted while driving.
Examples of Direct and Circumstantial Evidence
There are many kinds of evidence your lawyer can present in court. Most types of evidence can be either direct or circumstantial evidence depending on the circumstances.
Common kinds of evidence used in personal injury cases include:
- Police reports
- Physical evidence
- Photos
- Video footage (dash cameras, traffic cameras, surveillance cameras)
- Audio recordings
- Eyewitness testimony
- Business documents
- Medical records
- Medical documentation, data, or charts
- Bills and receipts
- Financial records
- Expert testimony
Do You Know How to Prove Your Personal Injury Claim?
Some personal injury cases are straightforward. If you are rear-ended by a distracted driver and suffer minor injuries and property damage, insurance will probably take care of it quickly. But when you suffer serious or catastrophic injuries in an accident, your damages will be significant. You need to establish your claim as clearly as possible. You need a lawyer who knows how to investigate an accident, uncover evidence, and present that evidence to a jury in a convincing way. All of these tasks help you obtain the maximum compensation for your injuries.
To talk with an experienced personal injury lawyer about how to prove your claim, call Hecht, Kleeger & Damashek, P.C. at (212) 490-5700. You can use our online form to send us your information and request your free initial consultation.
CLIENT REVIEWS
09/09/2021
When I spoke to Mr.Noah Reiss he gave me valuable legal advice. Connected the dots who and why. He is a great asset to this firm. Will call him again as a friend. Thank you so much.
5
Harendra Gautam, HKD CLIENT
08/11/2021
Ross Raggio, did an amazing job on my case. The office staff was responsive and very helpful to my questions and concerns. I had a very good experience. I highly recommend this firm.
5
patricia Carnevale, HKD CLIENT
06/22/2021
I had a great lawyer with a great Paralegal that made everything easy to understand.
5
Deniece Buffaloe, HKD CLIENT
04/01/2021
I am extremely satisfied and pleased most of all grateful for the services of Jonathan and his team! It is such a relief to have a strong team supporting you through a process that’s stressful. Thank you again for everything.
5
thabossladi87, HKD CLIENT
03/01/2021
Hetch,Kleeger & Damashek, P.C., is the law office I highly recommend. My attorney Judd Kleeger, accomplished to represent me, support my needs & secure my future after suffering a traumatic accident. Other lawyers couldn’t guarantee this to me but Judd…
5
Stephanie Campos, HKD CLIENT
02/25/2021
I can say without hesitation that if you are injured due to someone else’s fault, that no one will fight harder and more passionately for you than Jordan Hecht and Judd Kleeger. I have worked side by side with them…
5
lisa kessler, HKD CLIENT
02/23/2021
I highly recommend the law firm of Hecht, Kleeger & Damashek – as well as my attorney, Jordan Hecht. Jordan was able to answer all of my questions and put me at ease. He was always responsive and patient. He…
5
Emily Weinstein, HKD CLIENT
02/23/2021
I have referred numerous cases to Judd Kleeger and the team at HKD. I feel very confident when i refer a client that they will be treated with the highest regard. Each of my referrals has had very positive experiences…
5
Jason Bauer, HKD CLIENT
01/29/2021
I was always able to reach my attorney Judd Kleeger with any concern I had about my case. He responded timely and with the utmost courtesy to my sometimes desperate phone calls and email. He knew exactly what to do…
5
VIRGINIA BOOTHE GORDON, HKD CLIENT
01/19/2021
The attorneys at Hecht, Kleeger & Damashek are smart, professional, responsive and dedicated to achieving the best results for their clients. Most importantly, they are trustworthy and genuinely good people who you can depend upon.
5
Richard Leff, HKD CLIENT
01/18/2021
Judd Kleeger and his team are extremely competent, super professional and have achieved consistently better results than I or my clients had anticipated. He is my “go to” PI team. This was my experience over a decade and not just…
5
Larry Schatz, HKD CLIENT
01/15/2021
I have known Judd Kleeger for over a decade now. By far the smartest hardest working attorney I have ever dealt with. His advice has been spot on time and time again. Highly recommend him.
5
Michael nessim, HKD CLIENT
01/15/2021
I retained Judd Kleeger for a personal injury case. I would, without hesitation, recommend Judd, and his firm, for anyone who finds themselves in a situation that demands a tenacious advocate who will not stop fighting until he gets results.
5
Lisa Dawn Angerame, HKD CLIENT
01/15/2021
I can’t recommend Judd Kleeger enough. He is without a doubt the most professional lawyer I’ve encountered. Judd Kleeger is diligent and quick in his responses, always making sure his clients are in the right hands. I’ve never had to…
5
Emily Halperin, HKD CLIENT
01/14/2021
Judd Kleeger is an exceptional attorney who makes sure to get the best possible outcome for his client. He is always available, and is knowledgeable, prepared and dedicated to his clients. He is not afraid to go to trial and…
5
Didi Hutt, HKD CLIENT
01/14/2021
Mr. Judd Kleeger and his team at Hecht, Kleeger & Damashek are great! They always provide very thoughtful and caring advice. Mr. Kleeger is extremely professional and very easy to work with.
5
Alan Levine, HKD CLIENT
01/06/2021
We quickly had to get legal counsel and we contacted Jordan Hecht. The rapport and guidance was outstanding at all times, prompt, timely and open for calls and updates. I can’t thank Jordan enough for his care, work and expertise….
5
Luljeta Chisolm, HKD CLIENT
12/29/2020
Had a great experience with attorney Ross Raggio. He was professional and attentive every step of the way – would highly recommend.
5
Carter Martin, HKD CLIENT
12/28/2020
Mr. Ross Raggio and his team at Hecht, Kleeger & Damashek, P.C., provided excellent legal services. His team and him were absolutely great, always returning calls or emails when we had questions about the case. Always very cordial, caring and…
5
Marisol Pitre, HKD CLIENT
12/11/2020
My wife and i are very grateful to Mr. Jordan Hecht for his sincere compassion and legal assistance during one of the most challenging time in our lives. He was extremely professional and answered all of our concerns. Mr. Hecht…
5
peggy lamarre, HKD CLIENT
12/10/2020
Very professional and very responsive. I would highly recommend this firm to anyone in need of an attorney. The attorney Ross Raggio, who was personally assigned to my case consistently followed through and was able to bring the case to…
5
Rene David Alkalay, HKD CLIENT
12/08/2020
Mr. Ross Raggio went above and beyond to settle my case during the height of the pandemic, a time when my options appeared limited and the likelihood of a satisfactory resolution seemed slim. He was responsive and professional, and was…
5
Kjanecaron, HKD CLIENT
12/07/2020
I was a sole practitioner specializing in personal injury law in NYC for more than 36 years. When I decided to retire, I had to make several critical decisions before terminating my practice. To whom should I refer my clients…
5
Martin Munitz, HKD CLIENT
12/07/2020
Ross was always available and working with my best interests, also very thorough with any questions I had along the case. Will recommend to others!
5
Dan Greenberg, HKD CLIENT
12/04/2020
Jordan Hecht of Hecht, Kleeger & Damashek is the best lawyer I’ve ever worked with. He is smart, tough, and very professional. I highly recommend the firm and could not have asked for a better outcome.
5
Ben S, HKD CLIENT
12/03/2020
The HKD law firm is highly professional, responsive and caring. They were willing to handle my case when other firms declined. Not only did we win our case, but received a huge settlement.
5
Linda Winikoff, HKD CLIENT
12/03/2020
My representation by Jordan Hecht and the whole staff at Hecht, Kleeger and Damashek was top notch professional and very productive
5
Peter Visconti, HKD CLIENT
12/02/2020
I have had the pleasure to work alongside Ross Raggio on several matters. He is an extremely talented attorney with an exceptional understanding of the law. I would recommend him and HK&D to anyone looking for a personal injury attorney.
5
Robert Dallas, HKD CLIENT
12/02/2020
I came to know the firm through my relationship with one of the partners, Jordan Hecht. Jordan and I became close friends in law school. I have since referred several cases to Jordan and his firm ranging from a mesothelioma…
5
Jeffrey Jagid, HKD CLIENT
12/02/2020
From the moment that I contacted this Law firm and got assigned Mr. Ross. They have been nothing but helpful, Especially Mr. Ross. In the time that Mr. Ross took my case, it took him 3 months to a get…
5
Kelvin Morel, HKD CLIENT
01/21/2020
I cannot speak highly enough about this firm. The situation that necessitated my need for legal representation was very stressful on me and my family and the lawyers here were with me every step of the way. I could always…
5
David Irwin, HKD CLIENT
07/05/2015
I retained Hecht, Kleeger & Damashek for a serious personal injury case. They were very professional and managed to obtain a settlement for me that far exceeded my expectations. I would strongly recommend this firm for anyone’s legal needs.
5
Peter M., HKD CLIENT
07/05/2015
After meeting a half dozen lawyers at different firms, I decided to go to Hecht, Kleeger and Damashek. As soon as I met Jon Damashek, I knew I had to look no further. Mr. Damashek made me feel at ease…
5
Michael R., HKD CLIENT
07/05/2015
After meeting with Jon Damashek I knew immediately he was the right attorney for me. I had met with other attorneys in the past, but Jon’s experience, knowledge, and track record were most impressive. I highly recommend Jon Damashek and…
5
Ryan G., HKD CLIENT
07/05/2015
I know all three named partners at this firm and highly recommend them. They are very professional and tireless advocates for their clients. If you need a personal injury attorney, you cannot do better than Hecht, Kleeger & Damashek.
5
Eric G., HKD CLIENT
07/05/2015
I have worked with countless attorneys over the years and Jon Damashek stands out among them. I have seen first hand him advocate for his clients vigorously. He fights for the rights of the seriously injured, does not back down…
5
Wendy B., HKD CLIENT
07/05/2015
I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise and knowledge of the law and more importantly his ability…
5
Steven B., HKD CLIENT
07/05/2015
I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome to my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…
5
Mike W., HKD CLIENT
06/05/2019
I had the opportunity of having this amazing team of lawyers work on my case. When I first met with Jordan Hecht and Michael Kusz, I really liked their energy and the spunk that they had, it meant business and…
5
Anonymous, HKD CLIENT
05/01/2015
“I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise, knowledge of the law, and more importantly – his ability…
5
Steven, HKD CLIENT
05/01/2015
“I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome of my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…
5
Mike, HKD CLIENT