When you are faced with a personal injury of any kind, evidence is crucial. Evidence can prove which party is at fault, and can help you receive the best deal on your settlement. This can prove the severity of your injury as well, making it clear what treatments you need to be compensated for if you are involved in an incident that leaves you injured. The following documentation listed below is what your legal team will work together compiling in order to ensure that your case is as strong as possible, and you get the compensation you deserve. Below, our colleagues at Johnson & Alday, LLC explain what evidence matters most in a personal injury case.
Medical Records and Bills
These prove the extent of your injuries and how much you or your insurance is paying in order to receive treatment. This includes, but is not limited to, MRI’s, X-rays, treatment plans, and prescription. This is mainly used to prove causation (or the fact that the incident caused the injuries you sustained)
Police or Incident Reports
These provide an official and unbiased record of the accident. This is crucial when determining fault, if this is an issue you run into during the litigation process. This includes officer observations, diagrams, and citations among other differing inclusions based upon the incident.
Photographs and Video
This is visual proof of the scene. This proves what hazardous conditions may have been present in order to fully understand the extent of the incident. This also shows property damage, which can help determine the severity of the incident.
Witness Statements
Eyewitness accounts can provide another objective perspective to confirm your account of the incident and who was at fault. This evidence can be very important, as unbiased recollection can be very pertinent to reaching a settlement worthy of the injuries you have sustained.
Employment Records
This can be documentation of missed work, pay stubs, and lost wages that can support a claim of financial damages due to the incident. If you missed work because of your injuries, you can get some of those wages back in settlement, and having proof of lost wages provides this evidence. This also could include notes from your doctors instructing that your injuries mean you cannot work.
While your personal injury lawyers work tirelessly to ensure that all of the evidence is presented and relevant to the case at hand, there are measures you can take to ensure that all of the evidence is usable and not dismissed as well as supply additional materials for your legal team to use. When you are injured: seek immediate medical attention. Seeking prompt treatment establishes a clear, undeniable timeline between the incident and the injury. In addition, you should ensure that everything is documented. Hold onto all receipts, bills, and records related to your medical care involving the incident as well as any expenses incurred. Lastly, be certain that you avoid social media posts that could incriminate your evidence or undermine the severity of the accident.
Overall, the strongest cases combine evidence of fault as well as evidence of harm, and those put together need to create your case and demonstrate the liability and damages in order to get you the settlement you deserve as well as prove your claim.