Skip to Main Content
Call for a free Consultation 503-546-3167

Meeting The Burden Of Proof: Evidence Needed In Oregon Personal Injury Lawsuits

Personal injuries in Oregon can happen in various ways. When negligence on the part of others is responsible, you have the right to hold them personally liable for your costs. However, you will need evidence to prove your case. Our Oregon personal injury lawyer explains the burden of proof in filing a claim and the types of evidence you need to get compensation. 

The Burden Of Proof In Oregon Personal Injury Claims 

When personal injuries in Oregon happen, negligence is often to blame. Negligence is a common legal term. It means that others either behaved in a dangerous or reckless manner that put you at risk or failed to take reasonable precautions to prevent you from suffering harm. 

If you or someone you love is injured due to the negligence of others, you may be entitled under the Oregon Code to hold them responsible for your medical expenses and other costs. However, to get compensation, you must prove the four elements of negligence: 

  1. The other party owed you a duty of care to not behave in a manner that could cause personal injuries to happen;  
  2. That they breached that duty through their negligent behavior;
  3. That their breach of duty is the direct cause of your personal injuries;
  4. That you suffered damages as a result. 

You may have heard the saying ‘beyond a reasonable doubt’ in your favorite detective shows. As the stakes are high, so is the burden of proof required in criminal cases. In civil cases, the burden of proof is lower. In seeking compensation for personal injuries in Oregon, you only need a ‘preponderance of the evidence’ to prove negligence. This means that your version of events is more likely than not true and how your injuries happened. 

Evidence Needed In Meeting The Burden Of Proof 

When you suffer personal injuries in Oregon due to the negligence of others involved, you have the right to hold them liable for your costs. Depending on the situation, you may be entitled to compensation through insurance policies they have in place. If insurance does not apply, your claim is denied, or your losses exceed policy limits, you may be entitled to file a personal injury lawsuit through the Oregon Civil Court. In either case, you will need to provide a preponderance of evidence to support your claim. 

Evidence plays a major role in documenting Oregon personal injury cases. It helps to prove what happened, who was responsible, and the amount of damages you suffered as a result. Common types of evidence used in filing a claim include: 

  • Accident reports, describing the situation and providing contact information for the parties involved;
  • Witness statements, describing what happened;
  • Photos and videos of the scene, the moments leading to a crash, or the aftermath;
  • Medical records, documenting your injuries;
  • Statements from medical providers, detailing your treatment and prognosis for recovery;
  • Statements from you, your family, and friends, explaining how your injuries impact your life;
  • Paystubs and other documents, showing lost wages or other benefits;
  • Receipts for medical bills, out-of-pocket costs, and to repair or replace damaged property. 

In certain types of claims, additional evidence may be needed, For example, in a disputed car accident claim, we may need to get testimony from accident reconstruction experts, explaining in more detail how the other party is clearly at fault. 

Gathering Evidence In Your Oregon Personal Injury Claim

According to the Centers for Disease Control and Prevention, personal injuries impact millions of people each year and result in billions of dollars in medical bills, property damages, lost income, and other costs. To get the compensation you need to recover when personal injuries in Oregon happen, take these steps in gathering evidence to support your claim: 

  • Report any accident immediately to the proper authorities;
  • Make sure an accident report is filed;
  • Get contact information for everyone involved and any witnesses at the scene;
  • Note nearby stores, businesses, or traffic cameras, which can help in providing video evidence;
  • Seek medical care immediately and follow your doctor’s instructions regarding treatment and activity restrictions;
  • Keep copies of all receipts and statements;
  • Keep a journal documenting how your injuries impact your life. 

Request A Consultation With Our Oregon Personal Injury Lawyers

At the Johnston Law Firm, we gather evidence and take other actions needed to get you compensation in a personal injury claim. To request a consultation with our Oregon personal injury lawyers, call (503) 546-3167 or contact our office online today. 


Marc Johnston

Lead Attorney at Johnston Law Firm, P.C.

Based in downtown Portland, Marc A. Johnston is the owner and managing attorney of the award-winning, internationally-known personal injury law firm, Johnston Law Firm, P.C. Marc's career has been dedicated to representing the injured and individuals who have been treated unfairly by an insurance company. His focus on trial law creates the backbone of the Johnston Law Firm — a firm that is ready to go the distance in seeking justice for its clients.