The Importance of Gathering Evidence in Personal Injury Cases
When it comes to personal injury cases, gathering evidence is a crucial step.
This evidence can be used to prove liability, which will help you recover the compensation you deserve for your damages.
It is essential to collect evidence related to the accident that caused your injuries as soon as possible. The evidence needed to prove the other party is liable will vary depending on the type of accident, but it will usually include photos or videos, official documents, and witness testimonies.
According to the personal injury attorneys at Roberts | Jeandron Law, it is also imperative that you know which court to file a claim with and which forms need to be submitted. It’s an overwhelming task, which is why you will likely want to enlist the legal representation of an experienced personal injury lawyer.
Additionally, California has a statute of limitations for personal injury claims, giving you two years from the accident that caused your injuries. In car accident cases, you should also be aware that California is a pure comparative negligence state. This means even if you were 99% at fault for your injuries, you could file a personal injury claim to recover compensation.
Types of Evidence in Personal Injury Cases
To receive compensation for an accident that was caused by another party’s negligence, you will need proof. Your injuries, whether from a car accident or a slip and fall at your local supermarket, must have been caused by someone else’s negligence. This is why evidence is so crucial for your case. You can gather it yourself, though if you work with a personal injury lawyer, they will handle it for you.
Even if you hire an attorney, it’s wise to keep records of everything related to the accident that caused your injury. This will make it much easier to build your case. You may find the following types of evidence to be instrumental in revealing the proof that the other party was negligent and caused your injuries.
In a motor vehicle accident of any kind, calling the police is an important step. They will fill out a police report that details the vehicles involved, the drivers, passengers, witnesses, road conditions, and other factors.
It stands to reason that if you are injured, you will seek medical treatment. Make sure you keep comprehensive records of everything, including surgical reports with the doctor’s notes on your diagnosis. The results of your X-rays, MRIs, and blood tests will also be helpful.
Often, personal injuries go beyond the physical and can impact your mental and emotional state. Testimony from your psychologist therapist can demonstrate your need to recover compensation for pain and suffering and mental anguish.
Don’t forget all the receipts from your medical treatments. They will show the cost of all the treatments you’ve received and allow you to get compensated for your economic damages.
Photos and Videos
At the scene of the accident, taking photos and videos can also show who was at fault. It’s much better to get them before the scene has been altered. Capture photos of property damage and your injuries. As your injuries develop, take additional photos.
Did anyone see what happened to you? If so, they could be instrumental in your personal injury case. Any bystanders that were present when your accident occurred can be helpful, though securing their statements as quickly as possible is best. The more time that elapses after the accident, the more memories may fade.
An eyewitness at the scene of the car accident could have been another driver that saw the whole thing unfold or someone waiting to cross the street. In the store where you slipped and fell, other customers or employees may have bore witness to the events that occurred.
Often, injury victims are too pain-addled to think of collecting eyewitness statements. However, an experienced personal injury lawyer will be able to track them down and help build your case.
Documentation of Lost Wages
When you’re injured by someone’s careless actions, you may not be able to work. During the time you spend recovering from your injuries, you’ll lose out on income. Requesting a letter from your employer that details your lost wages can also help seek compensation from the at-fault party.
If you haven’t started collecting evidence for your personal injury case yet, don’t worry. The best place to start is with a free initial consultation with a lawyer to get the ball rolling.