
Nobody wants to be in a situation where the negligence of another person has resulted in them being injured, lightly or severely. Unfortunately, personal injury cases are quite common and make up a large portion of civil suits. To prove negligence beyond 50% and win the case so that you can recover compensation, though, will be no easy feat.
However, with the help of an accredited personal injury lawyer, you can gather enough evidence to prove liability and damages. Learn everything you need to know about the different types of evidence you should gather to make your case.
1. Physical Evidence from the Scene
Physical evidence is arguably the most important type of evidence for your case as it will provide direct proof of your claims. Without physical evidence, things tend to devolve into “he said, she said” type situations. This type of evidence can be used to establish what happened and to support witness accounts. There are various types of physical evidence to consider gathering, but the most common include:
- Photos and videos of the accident scene, including any damage to property, skid marks, broken items, and more
- Clothing or personal items from the scene that may be relevant
- Hazardous conditions that may have contributed to the accident
- Traffic camera footage of footage from stores in the area
Assuming you are in a condition to do so, secure any and all evidence as soon as you can. This will help to ensure that you can provide proof when asked by the court, and it will give you a chance to discuss the items with your lawyer.
2. Photographic and Video Evidence
Photos and videos are important pieces of evidence because they aren’t just physical, they are also visual. Seeing that weather conditions for the day of the accident were rainy is one thing, but seeing a video of a vehicle hydroplaning into another vehicle as a result is another. Visual documentation of an accident is instrumental in preventing disputes over what happened.
When you go to capture or collect photo and video evidence, specifically try to collect some that shows the injuries sustained, property damage, the location of the accident, and any contributing factors to the accident such as broken lights, missing signs, distractions, and more.
Rest assured knowing that if you don’t get any personal photos or videos at the scene, you may still be able to collect this information. Lean on security cameras, dash cams, witness recording, and more to gather this evidence if you can.
3. Witness Statements and Testimonies
Witnesses are one of the most important factors in your personal injury lawsuit. Witnesses are an unbiased source of information, one which can either confirm or deny your story. Without witnesses, your case will end up being your word against someone else’s, with whatever evidence both parties have produced. It’s still very possible to win, but it’s much more difficult than if you had someone advocating for your story.
When an accident happens, approach witnesses as soon as possible and politely request them to provide a statement on what they saw. Assuming they are willing, try to gather their names and contact details as well so that your lawyer can contact them at a later time.
On top of fact witnesses, you should also consider hiring expert witnesses to provide testimony. These professionals are different in that they didn’t actually see what occurred. Rather, they at experts in a certain field such as being a medical professional, reconstruction expert, economist, or someone else. They essentially cast a professional opinion, typically towards the goal of quantifying damages, based on the evidence in the case.
Be aware that expert witnesses are not cheap, but they are against one of the most valuable forms of evidence you can have in court.
4. Medical Records and Documentation
Another key piece of evidence you will want to gather and retain for your lawsuit is any medical records or similar documentation. Medical evidence serves as written proof from a medical professional of the injuries you suffered and their scope. It will show the extent of those injuries along with treatment costs, so long as you save receipts. Examples of medical records you should always retain include:
- Any hospital records such as doctors notes, prescriptions, or physical therapy reports
- Medical bills or receipts for expenses related to your injury
- Evaluations from alternative medical professionals such as psychologists
- Records from meetings with medical consultant in long-term costs stemming from your injury
If you choose to bring in a medical expert for your expert testimony, it’s even better. They will be able to testify as to your injuries and, in their opinion, what the cost associated with those injuries would be now and in the future.
5. Police Reports and Official Documents
The final piece of evidence you’re going to want to collect for your personal injury claim is a police report or any other official document from law enforcement. These will provide an official account of the accident along with an initial assessment of fault. Given the unbiased nature of this report, courts may lean heavily on it as a form of evidence.
Some other important documents to consider keeping on hand include workplace incident reports, insurance claims, and any government records of the incident or the details surrounding it. Obtaining these reports can be done by requesting copies from law enforcement agencies, employers, or insurance companies.
Try to make this request as quick as possible to avoid any delays in gathering the necessary paperwork.
Build a strong personal injury case
The last thing you want is to be involved in an accident that leaves you with debilitating injuries only to realize you can’t recover compensation because of a mistake you made during the lawsuit process. That’s why you should hire an accredited personal injury lawyer who can help you gather and preserve any and all evidence.
When in doubt, legal guidance is helpful as it can give you all the necessary details you need to make the right choices for your case. Above all else, just remember not to throw away anything that you could use as evidence to defend your claim in court as, once it’s gone, you won’t be able to get it back.