What To Prove In a Personal Injury Lawsuit Case

If you’re considering filing a personal injury lawsuit or need to apply for a personal injury lawsuit loan to help fund your case, keep in mind you may or may not win. There are many things you must prove in order to win. So, what must be proved in a personal injury lawsuit? One of the first things you should understand is that you have the responsibility of carrying the burden of proof as the suing party, called the “plaintiff.” This means that you and your attorney need to understand the things that must be proven and then actually prove them true in order to win. The defendant is not required to do anything until such task is complete. Often, a personal injury lawsuit is based on claims of negligence, with some exceptions. So what exactly needs to be proved?


You must establish the defendant had a duty to perform something. Often, this is not disputed at trial. The defendant may file papers to have the lawsuit dismissed if they have no legal duty to act in the case, therefore the judge will dismiss the case. Many lawyers will not even process your case if there is a problem in this department.

Breach of Duty

The second step is to prove the defendant breached the duty he/she was to perform. Take a car accident for example, it is not enough to explain that the defendant was supposed to comply with normal driving standards. By proving that the defendant breached his/her duty by either speeding, swerving, drunk driving, etc, you are building your personal injury lawsuit case, which will only help you when trying to get a personal injury lawsuit loan.


The next step would be for your lawyer to prove that the failure of this particular duty caused the injury you suffered. In the example from above, the defendant had a duty to drive safely. Say they breach this duty, how did it cause you injury? You must prove you were injured because of the defendant’s negligent act. Usually, this means proving a physical injury. Your word is important, but it’s best to have the testimony of a doctor and the medical records giving evidence to your injury.

If you find yourself having difficulty paying for expenses due to your increased medical bills, you may need to apply for a personal injury lawsuit loan with Glofin. Now, it’s up to the jury to determine what dollar amount your suffering entails. The award will be based on this figure. Be sure to include all hard costs such as medical bills and car repairs in your case. Your attorney will also make an argument regarding your “pain and suffering.” If you can approve all of the above, you will most likely win.

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The information contained in this article is not, nor is it intended to be, legal advice as Glofin is not a law firm. You should always consult an attorney for advice regarding your individual situation.

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