Evidence for a Personal Injury Claim
Compelling evidence can drastically boost your settlement compensation. Some of the most important evidence can be found at the scene of a crash or injury.
If your injuries require you to leave the scene, return or send a friend or family member to the scene as soon as possible to take photos, videos, and notes.
It may be a good idea to visit the scene a second time at the same time of day or under the same weather conditions as when the injury occurred.
Evidence gathering doesn’t end there. Having an experienced attorney by your side early on can assist you in making sure evidence a jury may consider in determining a fair verdict is preserved.
By continuing to gather information on all injury-related expenses, as well as other important evidence described below, you can best provide a jury with the information needed and maximize the chances for a fair resolution prior to court.
Examples of Evidence for Personal Injury Claims
The types of evidence needed for a claim will vary depending on the claim, what happened and the injuries. The following are certain pieces of evidence for a personal injury claim. An experienced personal injury attorney can advise you on your particular claim.
1. Photos and Videos of the Incident Area
Photos and videos really can be worth a thousand words when it comes to personal injury claims. Specific photos as well as “bigger picture” photos that show the overall injury scene or damage from different vantage points can help.
If there are traffic or security cameras nearby that could have captured the incident it’s important to ask for them early so they are not destroyed or lost. Photographs of damaged vehicles are also helpful in telling the story of what happened and providing evidence.
2. Photos and Videos of Accident Location
Where possible, videos and pictures of the potential causes of injury, such as broken traffic signals, blocked view because of landscaping or signs, uneven ground, broken steps, loose handrails, and so on, are important and may be helpful.
3. Photos and Videos of Your Injuries
Photos and videos taken immediately after, during recovery, and currently can go a long way in supporting your case and showing your medical journey.
4. Insurance Information for All Parties Involved
There are different kinds of insurance that provide coverage for and pay injury claims, and more than one may apply to your case. Also, more than one party may be at-fault for your injury. Some of the different insurance policies that might cover your claim include:
- Auto insurance
- Homeowner’s insurance
- Business liability insurance
- Recreational vehicle insurance
- Medical malpractice insurance
5. Witness Statements
Witness statements sometimes play a large role in your claim and may keep the at-falt party from changing theirs story or help show how the story is not true. Witnesses are individuals who saw or heard the injury or accident who can provide an account of what they saw.
Witnesses can also include anyone with relevant information that may speak to why the accident or injury took place. For instance, a waitress can attest to how exhausted the other driver seemed when he left her restaurant right before the accident.
6. Official Reports
Helpful official reports may include:
- Police reports
- Accident reconstruction reports
- 911 dispatch recordings
- Private investigation reports
7. Damaged Clothing from Accident
Just like photos and videos, physical evidence of the extent of your injury can be helpful. Hang on to any damaged or bloodied clothing from the accident.
8. Bills and Invoices
Organize medical bills, repair invoices, estimates for repairs, and so on that provide evidence of the extent of damage, injury, and financial expenses.
9. Out of Pocket Expenses
Keep receipts for all out of pocket expenses, such as over-the-counter pain relievers, bandages, medical devices and physical therapy.
10. Medical Reports
You should provide all medical reports relating to your injury. Sometimes, it is also a good idea to provide past medical reports to show the difference in your health and wellbeing.
11. History of Past Violations or Safety Concerns
Proof of past violations and safety concerns may also help your claim. For instance, a trucking company whose drivers have a history of safety violations. Safety concerns can also be past complaints of a slippery walkway or a loose handrail that caused your injury.
12. W2 Forms and Pay Stubs
On top of medical bills, many injured people lose out on income. A person’s injury may cause them to miss work, take vacation or sick days, or have a long-term inability to work. Compile W2 forms and pay stubs to show loss of income.
Fisher Stark, P.A. – Personal Injury Attorney, Asheville, NC
Contacting an an attorney early can lead to the discovery and preservation of evidence that may otherwise be lost forever. An experienced attorney will also advise you on what evidence to collect and how to collect it. They can help you obtain certain evidence, as well as explain the importance of each kind. Personal injury claims can be complex, and insurance adjusters are trained to offer the least amount of compensation possible. It is highly advisable you at least consult an attorney before speaking with an insurance adjuster.
For a free consultation, contact Fisher Stark, P.A. today at (828) 505-4300. We are Asheville, NC personal injury lawyers who have successfully obtained millions of dollars for our clients over the years. We are not intimidated by insurance companies or other attorneys. We don’t settle out of convenience or fear of going to trial. We will fight to get you the fair and reasonable compensation you deserve.