If you are the victim of an accident or another personal injury, you need evidence that another party’s negligence caused your injuries and damages. Understanding what evidence can help you prove your personal injury claim is key.
Below are several types of evidence used to prove that an at-fault party is responsible for damages in a personal injury case.
Evidence Gathered at an Accident Scene
After an accident, there are several pieces of evidence that you can collect.
Taking photographs and making a video of the accident scene helps preserve how the scene appeared immediately after the accident. For example, taking pictures of skid marks and traffic signs after a car accident or making a video of broken steps after a slip and fall accident.
If there were witnesses, ask each person to provide you with their names and contact information. Also, note any statements made by the other parties involved in the accident.
Police Reports and Accident Reports
Police reports and accident reports are essential pieces of evidence. The reports contain critical information, such as the names of the people involved, the location of the accident, and insurance information.
Medical Evidence
Medical evidence helps prove your medical costs because of an injury. They also help establish that the injury occurred because of the accident.
Examples of medical evidence include:
- Medical bills
- Medical records and statements from physicians, hospitals, and medical facilities
- Ambulance records
- Results of diagnostic tests, imagining tests, and lab work
- Therapy records, including occupational, physical, and vocational therapies
- Pharmacy records
- Statements and records from specialists
- Records from rehabilitation and nursing facilities
Seeking medical care immediately after an accident helps reduce any inference that you failed to mitigate damages.
Remember, it is never a good idea to sign medical records authorizations for insurance adjusters. The insurance company will analyze your medical history for information regarding pre-existing conditions. They will attempt to use this information to minimize the severity of your injuries.
Testimony by Parties Related to the Case
Witness statements can be a crucial piece of evidence in a personal injury claim. Eyewitness testimony can help prove fault. The parties to the case may also testify about the events that led to the injury.
In addition to eyewitnesses and the parties to the case, expert witnesses may testify at trial. Experts provide factual, unbiased testimony on issues related to the case. They can explain complicated matters in terms that a juror can understand.
Wage and Employment Records
Lost wages, future loss of income, and diminished earning capacity can be a substantial portion of your damages for an injury claim.
Evidence used to prove loss of income includes:
- Paystubs
- Tax records
- Statements from employers
- Income statements
- Self-employment records
If you seek damages for future losses of income, you may need to hire financial experts to support your claim. Financial experts can estimate the future loss of income based on factors such as your age, career, experience, education, skills, and anticipated retirement age.
Am I Responsible for Gathering Evidence to Prove a Personal Injury Claim?
When you hire a personal injury attorney, your attorney handles most of the work required to gather evidence for your case. However, you can help your attorney.
For example, you should keep copies of all medical bills, invoices, and receipts for out-of-pocket expenses related to the accident and your injury. Also, keep copies of any records or statements you receive from physicians or other medical providers. Then, give these copies to your attorney.
Maintaining a journal detailing your recovery can be extremely helpful when building a case for non-economic damages (pain and suffering). However, it can be easy to forget the details of your recovery.
Therefore, make notes about your emotional state, pain levels, and activities you could not perform because of your injuries. In addition, you should include details about how your injury impacted your relationship with your spouse, family members, and friends. Specific details and examples of how your injuries negatively impacted your enjoyment of life and quality of life are extremely helpful.
Your lawyer provides additional guidance regarding collecting evidence to strengthen your case and improve your chance of recovering the maximum compensation available for your injury claim.
Schedule a Free Consultation With Our Philadelphia Personal Injury Lawyers
Were you or a family member injured because of another party’s negligence? If so, you could recover substantial compensation for your injuries and damages. The first step is to learn about your legal options from an experienced accident lawyer.
Contact our law office to schedule your free consultation with an experienced personal injury attorney in Philadelphia, PA. Our legal team is ready to help you get the money you deserve for an injury.