Many types of evidence can be collected to support a personal injury case, including medical documents, statements that offer context, and physical evidence of the accident.
Summary
- Personal injury attorneys collect evidence to prove liability, document injuries and damages, and demonstrate the value of their clients’ losses.
- Evidence is crucial for establishing the four elements of negligence required to recover compensation.
- Types of evidence can include medical records, police reports, photos and videos of the accident scene, and testimony from eyewitnesses or experts.
- Medical records prove the extent of injuries, while police reports verify accident details and the at-fault party’s liability.
- Personal injury lawyers assist in evidence gathering, calculating damages, and negotiating settlements for fair compensation.
Personal injury victims must be able to prove they suffered damages due to the at-fault party’s negligence if they wish to recover compensation. This compensation can help to pay for damages such as medical bills, lost wages, and pain and suffering.
As the injured party, you will need to start by collecting tangible evidence that can establish you suffered a severe injury. Additionally, you’ll need evidence that the at-fault party caused your injury through negligence and that you suffered damages as a result.
Examples of evidence in a personal injury case can include medical records, police reports, photos and videos from the accident scene, and witness testimonies. At Sand Law, our personal injury lawyers can help you gather evidence to help prove your personal injury claim.
Based on our extensive background in personal injury law, we know what evidence is most effective in establishing liability in a personal injury claim. Let us advocate for the compensation you deserve. Get in touch with us by calling (651) 362-4173 or contacting us online to schedule a free case evaluation.
The Importance of Evidence in a Personal Injury Case
Following a personal injury accident, victims may seek to recover compensation for damages caused by the accident. Personal injury accidents, such as car, motorcycle, and slip-and-fall accidents, can cause severe injuries.
These injuries often negatively affect a person’s health, financial situation, and quality of life. However, recovering compensatory damages requires the victim to prove the following:
- The at-fault party owed a duty of care to the victim
- They breached that duty of care through negligence
- The breach of duty of care led to the personal injury accident
- The victim suffered significant damages from the personal injury accident
These are the four elements of negligence, which the victim must prove to recover compensation for damages. To prove these elements, the personal injury victim can collect tangible evidence to establish each of the above elements of negligence.
Photos and Videos at the Scene of an Accident Can Prove Liability
Personal injury accidents like bicycle, truck, and car accidents will have photographic evidence you can collect at the accident scene with your phone. Personal injury victims can use their phones to take photos and videos of various elements of the accident scene to help prove their case.
The following are some of what personal injury victims can capture in photos and videos:
- Their severe injuries
- Skid marks
- The location of the accident
- Traffic control signals and signs
- Speed limit signs
- Damage to property
These photos and videos can be helpful later as the personal injury victim attempts to hold the at-fault party accountable for their negligence. For example, skid marks could indicate that a driver was speeding.
The driver may have left these marks as they tried to slow down before a car accident. Coupling skid mark pictures with those of property damages can help to establish liability in a speeding accident claim.
Medical Records Can Prove You Suffered Severe Injuries
Another part of recovering compensation for damages includes proving you suffered severe injuries from the personal injury accident. For example, in a car accident claim, you might desire to seek compensation for medical bills associated with a knee injury.
To do this, you must establish that you suffered a knee injury from the car accident with significant medical costs. Your medical records can go a long way in proving you suffered the damages you claim. Medical records can include information regarding hospital visits, surgery, treatments, medication, and notes from healthcare professionals.
In the above example with the car accident knee injury, you could use your medical records to prove you went to the hospital on the day of the car accident for an X-ray or other diagnostic tests on your knee. Your medical records can also help to establish the costs of your medical treatment that you can pursue through a personal injury claim.
How Can a Police Report Help You Prove the At-Fault Party’s Liability?
Most states require those involved in severe personal injury accidents to contact the police so a responding officer can write a police report. Those involved in a personal injury accident can access this police report later to use the information to prove pertinent details.
For example, the report may contain relevant information regarding what happened, where it happened, and the damage caused by the accident. The following is some of the information enclosed in a police report:
- When and where a personal injury accident happened
- Who was involved in a personal injury accident
- How the personal injury accident occurred from the perspective of all parties involved
- The property damage and injuries caused by the personal injury accident
- Witness statements
Police reports can be used to verify the information and prove the at-fault party’s liability. If you were involved in a drunk driving accident, there will be information in the police report that can verify the at-fault party’s drunk driving behavior that you can use to hold them accountable for damages.
Witness Testimony Provides Key Evidence in a Personal Injury Case
Eyewitnesses can help prove the at-fault party’s liability if they can attest to the liable party’s negligent behavior. For example, let’s say you were in a truck accident with another trucker who ran a red light. Another driver at the intersection can speak to the truck driver’s negligence in running the red light that caused the truck accident.
Expert witness testimony can help establish the at-fault party’s liability and the cost of your damages. Usually, personal injury victims use the testimony of a medical expert who can speak to the extent of their injuries and what they will likely cost going forward.
Product experts can also testify to how a product should work. Additionally, they are qualified to say whether a malfunction from a dangerous product caused a victim damages. In many personal injury lawsuits, proving losses is one of the most difficult aspects of trying to recover compensation. Expert witnesses provide insight and credibility.
How Can a Personal Injury Lawyer Help You Gather Evidence?
Evidence collection can be difficult for a personal injury accident victim who doesn’t know what to look for. A personal injury lawyer can help with this process, as they know what evidence can prove the elements of negligence. They can help to advise you on how to prove the at-fault party’s negligence.
On top of helping with evidence collection, personal injury attorneys can calculate the cost of your damages, such as pain and suffering. They will make sure you are informed of your rights and take the lead in negotiating a settlement with the at-fault party’s insurance company. Your best chance of recovering fair compensatory damages is by hiring an experienced personal injury lawyer.
Contact Sand Law LLC for Help Securing Evidence in a Personal Injury Case
At Sand Law, our personal injury lawyers have decades of experience proving the liability of at-fault parties. We are dedicated to helping our clients recover fair compensatory damages. No matter what personal injury accident you suffered, we have the personal injury lawyers with the proper experience to help maximize your chances of recovering fair compensation.
Allow our award-winning personal injury lawyers to help you in gathering evidence to build your personal injury case. Reach out to our team by calling (651) 362-4173 or contacting us online to schedule a free case evaluation.