Evidence That Can Help You Prove Your Personal Injury Claim

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Explore:  Evidence

The basis for personal injury claims and lawsuits is negligence. The attorney for the plaintiff must prove that the defendant was negligent or careless and failed to use reasonable care or good judgment that directly resulted in the accident that caused injury to the plaintiff.

Under personal injury law, the plaintiff can seek compensation for losses, including medical expenses and lost wages. A strong case is one that is well documented and where the facts support the claim. At the start of the claims process, the legal team for the plaintiff gathers the following kinds of evidence:

  • A list of witnesses that can provide testimony about what they saw and how the accident occurred
  • The official police report
  • All medical records, reports and bills related to the injury
  • Photographs or video documenting the aftermath of the accident, including evidence of injury or unsafe conditions present at the time and place of the accident
  • Any legal correspondence or documents related to the matter
  • Notes taken immediately following the accident recalling any details about the circumstances of the accident
  • Torn, bloody clothing or other relevant evidence from the scene of the accident

Preserving evidence is critically important because the defendant, and his or her legal team and insurance company will strive to prove the plaintiff wrong. Their goal is to show the defendant is not culpable or liable to deny paying the victim a full or fair settlement.

If your personal injury claim escalates to a lawsuit, your attorney may also try to line up expert witnesses that can attest to the severity of your injuries and losses. Consult a personal injury attorney as soon as possible since each state has a statutory deadline for filing personal injury claims and lawsuits.

Topics:  Evidence

Published In: Personal Injury Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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