Evidence
When you’re injured in an accident, evidence is the foundation of a strong personal injury claim. From photos at the scene to medical records and witness statements, the proof you gather can make all the difference in whether you receive fair compensation.
Understanding what qualifies as evidence and how it’s used can help you protect your rights and strengthen your case. This guide explains the key types of evidence, why they matter, and how an experienced personal injury lawyer can help preserve them.
What Do I Need to Prove to Win a Personal Injury Case?
Most personal injury cases, including car accidents and slips and falls, are based on the legal concept of negligence. Negligence occurs when someone’s failure to act as a reasonably prudent person causes someone else to suffer injuries.
To prove negligence, you must show the following:
- The defendant had a legal duty to protect you from harm or avoid injuring you.
- The defendant violated the legal duty of care by doing something or failing to do something.
- The breach of duty actually and legally caused your accident.
- The accident caused you to suffer compensable damages.
As the plaintiff in a personal injury case, you have the burden to prove that your version of the facts is more likely to have occurred than the defendant’s. Strong evidence can help you meet this heavy burden.
Common Types of Evidence
A skilled personal injury lawyer can help you prove negligence with the right types of evidence.
The following are commonly used in personal injury cases:
Accident Report
After any type of accident, it’s essential that you report it. This allows a formal accident report to be prepared that can help establish that the accident happened and the factors related to it.
For example, if you are injured in a car accident, you should call 911. A police officer may respond to the scene, interview the drivers, talk to witnesses, and gather information to include in an official police report.
If you are injured on someone else’s property, you should report the incident to the property owner or manager. Ask for a copy of the accident report.
Photos of the Accident
Today, everyone carries a cell phone with them, which can be a lifesaver as well as a crucial tool in documenting factors relevant to an accident.
Photos of the following can help your case:
- The accident scene
- Factors that contributed to the accident
- Nearby signs
- Property damage
- Your injuries
These pictures can provide valuable context to insurance adjusters, judges, and juries.
Videos of the Accident
There could be video cameras that may have recorded the accident or factors relevant to it.
An experienced attorney can help identify cameras, which may include:
- Traffic or red light cameras
- Dash cameras
- CCTV cameras
- Home security systems
- Surveillance cameras
- Bystander videos
Many video recording systems may automatically delete or record over previous footage, so it’s essential that you hire a personal injury attorney who can help preserve this valuable evidence before it is lost or destroyed.
Witness Statements
Eyewitness testimony can be crucial when the parties involved have competing accounts of how the accident happened. These statements can provide an objective perspective. After an accident, ask any witnesses for their names and contact information.
Digital Evidence
There may be various forms of digital evidence that may apply to your case, including the following:
- Cell phone records
- Event data recorders
- Black box data
- Electronic logging devices
An experienced attorney can determine what evidence may apply in your case and how to collect it.
Medical Records
One of the most important things to do after an accident is to seek medical attention. This helps ensure that your injuries are properly diagnosed and treated. It also helps establish the crucial link between your injuries and the accident.
Keep all of the following medical records to aid your case:
- Emergency medical records
- Hospital records
- Diagnostic tests
- Doctor’s notes
- Medical bills
- Receipts for payment of your medical bills
- Medical records for physical therapy, specialist visits, and other healthcare providers
Your personal injury lawyer can help obtain the medical records you need to prove your case.
Employment Records
Your employment records can indicate your lost wages and part of the economic losses the accident caused. Your check stubs, letters from employers, tax returns, and financial statements can help show your lost income and benefits.
Documents about the following can prove your damages:
- Lost hourly pay or salaries
- Tips
- Commissions
- Bonuses
- Vacation time
- Sick time
- PTO
- Fringe benefits
- Lost retirement contributions
Your employment records can also help show the traumatic impact of the accident on your life.
Expert Witness Reports
Your personal injury attorney may work with various experts who can help support your claim, such as:
- Medical experts who can testify about the impact the accident has had on your quality of life and your anticipated future medical needs
- Vocational experts who can explain how your injuries have impaired your long-term earning capacity
- Accident reconstruction experts who use objective data to create visual representations of how the accident likely happened
Experienced personal injury attorneys have a network of experts they can call upon to bolster cases.
Pain Journal Entries
Your lawyer might recommend that you keep a daily pain journal in which you record details such as:
- Your symptoms
- Your pain levels
- Your treatment information
- Your response to treatment
- The impact the accident has on your life
Keep this information safe and provide it to your personal injury attorney.
Contact the Anchorage Personal Injury Lawyers at Farnsworth & Vance Personal Injury Lawyers for Help Today
One of the critical roles that Farnsworth & Vance Personal Injury Lawyers can play is identifying, collecting, preserving, and assembling critical evidence. Our experienced Anchorage personal injury attorneys understand how to leverage this evidence and how to prepare personal injury cases for maximum compensation. Contact us today at (907) 290-8980 for a free case review.
