Circumstantial Evidence
Circumstantial Evidence is evidence for which there is no direct or absolute proof. In other words, circumstantial evidence relies on the inference of facts rather than on the establishment of the fact itself.
Provable facts are considered direct evidence. Inferred facts are considered circumstantial evidence.
Listed below are examples of circumstantial evidence that may be presented during a car accident personal injury claim.
Hit and Run
A hit and run accident is actually a criminal offense but in some instances, it can also be filed as a personal injury claim. The laws governing hit and run accidents vary from one state to the next. You must consult state legal statutes to know exactly what your local jurisdictional mandates are in regard to hit and run violations.
Dram Shop Laws
Dram shop laws are legal statutes in certain jurisdictions that hold bars, or any other business in which alcohol is served, potentially liable for injuries that result from consumption of alcohol.
These laws apply to any individual who has consumed alcohol and/or any other parties who are injured by the person who has consumed alcohol.
There are a number of different forms that the damages sought in personal injury claims can take, though compensatory damages are by far the most common awarded in civil lawsuits.
Compensatory damages, sometimes referred to as actual damages, are awarded for financial or economic losses the claimant suffers due to his or her injuries.
Class Action Lawsuit
A class action lawsuit is a civil suit that allows a large number of people to sue the same defendant based on common interests.
Such a lawsuit is brought to court by a single, or a small number of representatives, on behalf of a larger group of claimants. The entire group is represented by the same legal counsel. All the members in the claimant group are known as a “class”.
In order for participants to be included in the class, each individual in the group must have similar interests in the case.
One of the most common defenses in personal injury lawsuits is that the injured party “assumed the risk” of potentially being injured through his or her willing participation in an activity that is inherently dangerous or that he or she knew could result in injury.
This defense is most successful when used in certain types of personal injury claims, particularly those in which injuries occurred during an active pursuit, like playing sports or attending sporting events.
Negligence Per Se
State laws govern the manner in which personal injury lawsuits are filed, heard, and determined.
Every personal injury claim requires the determination of negligence and the assignment of liability, but not all personal injuries are covered by existing civil legal statutes in every state.
Defective Products (Product Liability)
When a defective product causes personal injury, any lawsuit filed for damages falls under product liability laws. These laws are governed by state legal systems and allow the injured party to potentially hold all parties responsible for the product liable for the injuries incurred.
Contributory Negligence
Contributory negligence, sometimes referred to as pure contributory negligence, is a state-level legal doctrine that dictates that negligence must be determined in personal injury claims and that if the plaintiff (injured party) is at all responsible for his or her own injuries, no damages can be awarded in the case.
Personal injury law is part of the state legal code and personal injury cases, including the damages that can be awarded in a lawsuit, are therefore governed by state laws. Every state has its own established caps on the damages that can be assigned in personal injury lawsuits.
A cap is the maximum dollar amount that a defendant can be held responsible for if damages are awarded in a personal injury lawsuit. Most states have established caps for punitive damages, and some have caps set for other types of damages as well.