One of the problems with most personal injury claims is that insurance companies often require undisputable proof that you were injured due to negligence or deliberate wrongdoing. Oftentimes, this means having a witness available to corroborate the story of the injured party. However, not every injury is witnessed other than by the person who caused the injury or by the victim. What happens when your personal injury case comes down to he said, she said?
Witnesses are not always present
Proving someone injured you as a result of negligence or deliberate wrongdoing does not always mean there was a witness.
Workplace Injury
When an employer has a history of violating safety standards, having an eyewitness may not be necessary. The employer’s history of neglecting safety concerns may provide sufficient evidence of wrong-doing.
Mechanical Failure
When a vehicle malfunctions or a piece of equipment fails and you are injured providing a defect does not always mean having an eyewitness. In some cases, your attorney can subpoena records proving you are not the only person injured. These types of records combined with your physicians reports and medical records can hold up as evidence in a personal injury claim.
Deliberate Acts
Someone who is injured in the commission of a crime can use prior bad acts to prove a person’s propensity for harming others. Oftentimes, proof of harming others in the past is sufficient in the absence of eyewitness accounts.
Improving your chances
It is important to keep in mind there are steps victims can take to ensure they stand a better chance of winning a personal injury claim.
Filing the Proper Reports
Immediately after an auto accident, victims should report to police. Regardless of whether there were eyewitnesses or not, there may be cameras in the area. Workplace injuries should be reported immediately to a supervisor or manager.
Seeking Medical Attention
Even when you do not think you are injured seriously it is imperative you seek immediate medical attention after being injured. Be sure to advise the attending physician the cause of your injury.
Keep a Running Record
Those who have suffered an injury as the result of someone’s deliberate act or negligence should keep a journal including the specifics of how they were injured, what steps they took to seek medical care and any pertinent information that could help their case. Your attorney can help you decide what is relevant and what is not.
Just because you do not have a direct eyewitness who observed how you were injured does not mean you will not be able to prove you are a victim and deserve compensation for your injuries. You should speak with your attorney about all available options to prove your injuries were caused by a third party.