The importance of gathering evidence for your personal injury claim should never be overlooked. Evidence has the power to make or break a case, and without the right types, victims could face missing out on the compensation they need and deserve.
This guide to evidence and personal injury claims covers everything victims need to support their claim and how to ensure it is properly preserved.
Anyone who needs further guidance in understanding personal injury evidence or has a case they need help with should contact the dedicated team at Schuerger Shunnarah Trial Attorneys, who go to war for Nash accident victims.
The Importance of Evidence in a Personal Injury Case
Without evidence, personal injury cases are little more than accusations. There must be some proof to hold the at-fault party legally accountable and liable for the damages.
When a claim is made against a person's insurance company for compensation, it is normal for them to respond with a lower offer and why they believe they should not have to pay the amount originally demanded.
If they feel there is insufficient evidence to show fault and liability, they may refuse to pay anything at all.
The more evidence a claimant has, the less room the negligent party has for negotiation or rebuttal.
What Counts as Evidence in a Personal Injury Claim?
Several types of evidence come into play when someone claims for personal injury damages. Understanding the categories and what is required can help victims build a stronger case.
Evidence comes in many forms, but these six types of evidence are the most important in personal injury cases.
Physical Evidence
The types of physical evidence people can gather depend on the circumstances of the accident. It can be anything that tells part of the story of the incident, injury, and recovery process.
Some examples may include:
Torn or bloodied clothing
Damaged property
Receipts for crutches, wheelchairs, or other purchases that were made because of the injury
Documentation and pay stubs that prove lost wages
Anything that physically shows another party's negligence, the victim's innocence, or what happened to the victim and how it affected them could be strong evidence in a personal injury claim.
Witness Statements
Anyone who witnesses the accident can provide important evidence in a personal injury case. Victims don't necessarily need to collect statements, but they should get as many people's names and contact details as possible so their attorneys can interview them later and use their statements in the case.
A Personal Statement
The victim's statement also counts as evidence. Their personal account of events can be compelling during negotiations, especially if they include detailed notes about their injury and its impact.
A personal narrative should be written in the victim's own words and include as many details as possible- no matter how seemingly insignificant they are.
It is important to write this as soon as possible after the incident before any important details slip the victim's mind. Having an early account helps people retain important details that they may forget otherwise.
Photographs
Photographs are irrefutable proof of events in many ways. Victims can provide pictures of their injuries, damage to their property, and the aftermath at the accident scene.
It is important to take photographs from different angles and to always have the time and date stamp active.
Sometimes, taking photos immediately after an accident is not possible due to the severity of the injuries sustained. If someone returns to the scene another day to gather photographic evidence, they should go at the same time of day the accident occurred when conditions are similar. This is especially important after a car accident.
Medical Records
Medical records are important evidence in a personal injury claim for two reasons. Firstly, it proves the injuries sustained and shows that there was bodily harm as a result of the accident or injury. Secondly, it shows how much money the victim lost to medical bills, which make up a major part of the economic damages in a claim.
Some of the things a victim should gather as part of their medical evidence include:
Details of medical treatment received
The cost of immediate medical attention received at the scene of the accident
Receipts for all medical expenses
Notes written by the doctor regarding the physical injuries sustained
A summary of expected future medical costs as determined by the doctor
Anything that proves the permanence of an injury
Lab results
Discharge instructions
The Police Report
The police report is a crucial piece of evidence in any accident where one was recorded. Some incidents may not have a police report.
Although a police report is usually inadmissible in court when pursuing a personal injury lawsuit (it is technically just a police officer's account of things), it is a great token to have during settlement negotiations in an insurance claim.
A Quick Guide to Preserving Evidence in Personal Injury Claims
It is not enough to just gather evidence- it must be preserved in as close to its original condition as possible.
Physical evidence should be kept sealed and at a temperature that won't damage it, and any documents, receipts, and records should be organized and stored safely.
A legal case could suffer if evidence is lost or damaged, so it is imperative that it is cared for extremely well.
How Can an Experienced Personal Injury Lawyer Help?
A personal injury lawyer in Nashville TN can help prove negligence in personal injury lawsuits by taking the evidence and using it to obtain compensation and justice for victims.
They can gather evidence, request copies of police reports, conduct witness interviews, and fill the gaps in the case before proceeding with a claim. They will go over different defenses against your personal injury claim.
Summary
Gathering evidence is a vital part of all personal injury cases. Without it, it can be almost impossible to recover compensation to the value that the victim deserves.
Preserving the evidence is just as important as collecting it in the first place, and having the support of a dedicated legal team helps to turn that evidence into a strong claim.
Contact Schuerger Shunnarah Trial Attorneys today for advice and guidance, and to secure the most passionate, powerful, and proactive legal team in Nashville.