To build a strong personal injury case, you must gather various evidence.
Photo by Usman Malik on UnsplashNo matter the circumstance, insurance companies do not pay up without solid proof. The stronger and more extensive your evidence, the more likely you are to receive compensation. Go through this guide to learn about the different types of evidence you must collect before filing an injury claim.
Photographs and Videos
Photos and videos captured immediately after an accident can record many time-sensitive details. An experienced personal injury attorney, such as Joe Zaid, will educate you about how important visual evidence is.
For car accident cases, images also help recreate the scene. They include information about traffic signals, the condition of the vehicles before the crash, license plates, and road conditions. Video evidence like dashcam footage is even more relevant and powerful. Remember to take pictures of your injuries as well, as they can heal over time and might not represent what exactly happened if documented on a later date. These details will be particularly useful if you choose to consult an accident reconstruction specialist.
Police Reports
If you have been in an accident, you must notify the police. You can obtain any report they prepare about the event while filing your claim. Since it is prepared by a law enforcement body, such a report is of high importance and greatly strengthens your claim.
Police reports provide an objective account of the accident. They typically include:
- Site of the accident
- Date and time of the accident
- Parties involved
- Road or property conditions
- Witness statements
- Whether citations were issued
- Visible injuries and other symptoms
- Weather conditions
- Property damage at the scene
Witness Statements
When an accident occurs, there is a high chance that many people witness it. Statements from a third-party, neutral observer can strengthen your claim. They can also establish how the accident happened and which party was at fault. Plus, since the eyewitnesses do not have any financial stake in the outcome, their statements are considered impartial.
Try to gather witness statements as soon as possible. Memory fades over time, especially when one is merely an onlooker. Collecting testimonies while people can clearly recollect the event ensures they include as many details as they remember. These can include vital facts, such as whether the opposing vehicle ran a red light or whether a property hazard existed, which support your version of events even if the other party denies it.
Medical Records
Medical records prove both injury and damage. They can document the nature and extent of your injury through:
- Diagnostic tests
- Imaging results
- Doctors’ notes and initial observations
- Evaluations by specialists
- Physical therapy records cover pain levels and the range of motion
Medical reports also track the medications and procedures you were prescribed and how closely you have followed through. Furthermore, doctors can estimate the extent of long-term damage your injuries might cause, which helps your lawyer arrive at a suitable claim amount.
Expert Testimony
Personal injury claims can be further strengthened with the help of expert opinions. According to the Cornell Law Institute, an expert witness is someone with specialized knowledge who can help the court understand complex issues. Your attorney can help you with that. Some experts who might be consulted are:
- Accident reconstruction specialists analyze vehicle damage, skid marks, road conditions, and other evidence
- Economists calculate lifetime medical expenses and lost/reduced earning capacity
- Medical professionals provide information about long-term effects on your health and the necessity of future treatment
- Vocational experts assess how your injuries impact your working abilities and earning potential
Documentation of Financial Losses
A successful personal injury claim requires proof of financial damages. You can demonstrate this by gathering medical bills, tax returns, pay stubs, and statements from your employer. The varied nature of this evidence helps document medical expenses as well as missed wages due to lost work. If you are self-employed and cannot present employers’ statements, you can present profit and loss statements for your business to arrive at a similar conclusion.
Personal Journal and Pain Logs
While medical documents cover clinical findings, personal journal entries offer insight into your daily struggles. Two bodies might react differently to the same injury, which is why your lived experience after the accident is valuable evidence. If you choose to maintain a journal, you can note health indicators like pain levels, mood fluctuations, stress or anxiety levels, sleep disruptions, and limitations on daily activities.
For instance, you can record if your injuries made you incapable of participating in family events and maintaining a social life. Such documentation makes for detailed non-economic damage claims and reinforces medical records.
Strong evidence ensures you receive the compensation you are entitled to. Before filing your claim, check with your attorney about the types of evidence you need. Try to gather medical bills, tax returns, photos, videos, police reports, and witness statements for a well-rounded, reasonable claim that your insurer cannot easily challenge.
