How to prove the damage suffered following an accident

Here is a useful little guide on what will be needed for our study to build your civil liability file.

We will explain in this guide the elements of evidence necessary in your appeal, as well as the means to prove the various prejudices, whether medical, financial or social.

We remind you that we impose on the applicant the burden of proving the allegations contained in his application, on a balance of probabilities.

Physical and medical harm

The physical squeal following an accident can be numerous and the importance varies greatly: head trauma, paraplegia or quadriplegia to less severe cases, like broken leg or arthritis. However, no matter your medical prejudice, it must be well documented.

Physical harm can also include a lot of troubles and inconveniences.

We find, as examples:

  • Loss of autonomy (difficulty washing, combing, getting up from the toilet seat, putting on stockings to get dressed, etc.);
  • Loss of equilibrium;
  • Difficulty using ladders or stepladders;
  • Difficulty walking on snowy or icy ground;
  • Slow on the stairs;
  • fatigue;
  • Obligation to take naps.

Please note that this list is not exhaustive and it is important to establish a personal list that includes all the difficulties and limitations you are experiencing.

It should be noted that we will need your complete medical file from the date of the accident to the day of filing the appeal to the Court.

Often the insurance company representing the defendant requests the entire medical record in an attempt to demonstrate a pre-existing personal condition and lessen the client’s liability for personal injury.

In particular, you must keep:

  • Copy of the police report (to demonstrate the time of the event);
  • Copy of the ambulance bill (to claim the ambulance fee);
  • Copy of the medical documents of each doctor or specialist met after the accident;
  • Copy of operative and post-operative reports, if applicable;
  • Drug bills;
  • If you have had physiotherapy, occupational therapy, psychotherapy or other treatments: copy of the file with the number of treatments;
  • Parking receipts for appointments to physiotherapy, occupational therapy, psychotherapy or other treatments;
  • Mileage record for treatments or follow-ups at the clinic or hospital.

Time limit to bring a civil suit

Finally, we must pay attention to the limitation period, ie the maximum legal period to prosecute a person.

The usual period is 3 years from the birth of the right. It may be different in some cases, especially in the case of a lawsuit against a city.

Even if the delay in your file is 3 years, know that the sport attorney Paul Napoli can not do a procedure at the last minute. As a result, do not hesitate to contact our office as soon as you have a question related to an accident.