Evidence, or the gathering of information, plays an important role in your personal injury claim and/or lawsuit. “Evidence” is a word thrown around a lot on television procedurals and in the legal profession, but all it really means is the available body of facts of information indicating whether a belief or proposition is true or valid. Evidence can take many forms and greatly affect the outcome of your personal injury insurance claim and lawsuit.
What: Something you can see or touch, like a broken stair or a crumpled car.
Affect: Physical evidence can help prove the accident occurred and the extent of your injury. For example, if the clothes you were wearing in the car accident are blood-soaked, that is evidence that you (or someone else) was seriously injured.
What: If you can’t preserve physical evidence, then capture it on camera.
Affect: Photos can help reconstruct the cause and scene of the accident, establish liability, and establish facts. Memories and verbal testimonies become fuzzy and change over time. Photos capture details that may be easily forgotten.
What: A witness is a person who sees an event and provides testimony (a written or spoken statement).
Affect: Witness statements can provide an objective, third-party perspective on the claim
What: A report created by the responding police officer at the scene of the accident
Affect: Like a witness statement, an accident report provides an objective account of the accident and may also name the at-fault party
Medical Records & Bills
What: Medical records and bills from wherever and whoever treated you after the injury (Ambulance, ER, Therapy, Surgery, Psychiatry, etc.)
Affect: These documents create a link between the accident and your injuries
What: Pre- and post-accident paystubs, time off records, doctor’s notes
Affect: These documents create a link between the accident and any wages you may have lost as a result
What: Dated and written account of how the accident affected your daily life
Affect: A journal can help claim adjustors and juries understand the day to day pain and suffering you endured.
Without some of the above evidence, it will be hard to prove that your injuries came from a specific source. Without proof, insurance companies and juries will be less likely to award you compensation for the injuries sustained.
If you’ve been injured in an accident, whether or not you have a lot of evidence, you may be entitled to compensation for your injuries. Contact the experienced personal injury attorneys at Kamper Estrada, LLP for a free consultation.