Strong evidence is the foundation of every personal injury claim. Not only is it used to establish liability, but it is also crucial to prove damages. While every personal injury lawsuit is based on different facts and circumstances, there are certain types of evidence that a plaintiff must raise in nearly every case. The following are some of the most common forms of personal injury evidence:
In certain types of accidents, such as car crashes, a police report is typically generated at the scene. This document can provide a myriad of information about the accident, including the date and time of the incident, the parties involved, the names of any witnesses, and the officer’s observations. Although a police accident report is not admissible as personal injury evidence at trial, it is still an essential document in a personal injury matter for the purpose of settlement negotiations.
One of the most important pieces of personal injury evidence is a victim’s medical records. This is why it is vital to obtain medical help as soon as possible after an accident. Any gap in treatment can weaken an injury claim by giving the insurance company cause to argue that the injury is not as serious as claimed. Medical records can establish the extent and severity of a plaintiff’s injury, document the limitations they experienced in connection with it, and help establish causation. They can also document a claim for medical expenses and support a claim for pain and suffering damages.
By filing a personal injury action, a plaintiff can make a claim for their unreimbursed medical expenses and out-of-pocket costs. Medical bills can be used to help calculate these economic damages. Relevant medical bills can include those related to doctor visits, hospital stays, surgeries, physical therapy, and prescription medication.
Recoverable out-of-pocket costs might include those in connection with home and vehicle modifications, replacement services for household tasks in the home, transportation costs to and from medical appointments, and property damage costs for any personal items damaged during the accident. These costs can be proven with receipts, invoices, bank statements, and other financial documentation.
Employment records are a type of personal injury evidence that can show how an injury caused by negligence impacted a plaintiff’s ability to work. They can serve as proof of lost wages, reduced earning capacity, and future lost earnings. A wide range of employment records can be used to support an economic damages claim for lost wages, including attendance records, paystubs, performance evaluation records, compensation records, leave requests, and internal documentation.
Photographs, video footage, and surveillance footage can provide visual documentation of the accident, any resulting injuries, property damage, and conditions at the scene. This type of personal injury evidence may even show how the accident arose, which can be key to establishing liability. Video footage taken in the aftermath of the accident can also demonstrate a plaintiff’s physical limitations and loss of mobility.
Witnesses who observed the accident as it happened can be integral to a personal injury action. They can describe what they saw, confirm important details, and strengthen a claim by providing an unbiased account of the events. Witnesses such as friends, family, and co-workers may also help demonstrate a plaintiff’s physical limitations and the emotional impact of the accident. For instance, they may testify about changes in the plaintiff’s daily activities, routine, or quality of life after the accident to support a claim for pain and suffering.
While lay witnesses can provide testimony regarding their own observations, expert witnesses can help explain technical issues to the court by breaking down complex matters into simple terms. For example, a medical expert can offer insight into the extent of a plaintiff’s injury and their physical limitations. A vocational expert can evaluate how an injury impacts a plaintiff’s ability to work and earn a living. An accident reconstructionist can analyze the scene of the accident, reconstruct the sequence of events that led up to it, and provide compelling evidence of liability.
Notably, expert witnesses can be used both at trial and outside the courtroom. A personal injury attorney may rely on a consulting expert’s opinions behind the scenes as they assess the merits of a case and work to build a strategy in the case. They can help shape the discovery process by reviewing opposing counsel’s requests and advising a personal injury attorney what evidence is necessary to obtain. An expert can also assist with deposition preparation and provide an attorney with the information they need for leverage in negotiations with the insurance company.
If you were harmed in an accident caused by someone else’s negligence, carelessness, or recklessness, a knowledgeable attorney can assist you with gathering the personal injury evidence necessary to prove your claim. At Saka Bryant, P.A., we are committed to helping accident victims recover the compensation they deserve. Contact us online or call 754-202-4855 to schedule a consultation to learn more about how we can help you secure your rightful monetary compensation.
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