To prove a personal injury claim and demonstrate that your injuries and financial losses are the results of negligence by the liable party, you must present evidence such as medical records, police reports, and witness statements. A personal injury lawyer from our firm can help you collect related documentation to build your case.
Types of Personal Injury Claims
The kind of personal injury claim you have will determine what kind of evidence you need to present a viable case to an insurance company or a jury if it goes to trial. Common types of personal injury claims include:
- Premises liability
- Medical malpractice
- Auto accidents
- Product liability
- Wrongful death
Your attorney can help you by determining what type of personal injury claim you have and help you gather evidence.
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What Types of Evidence do You Need to Prove a Personal Injury Claim?
You have a personal injury claim. The reason for your claim is to hold the liable party accountable for your injuries and secure compensation to cover your financial losses. When you bring a civil action, you must have evidence to back up your claim and prove negligence.
The kinds of evidence that can help you build a case include:
- Medical records: Your medical records related to your accident can help link your injuries to it.
- Pay stubs: Since compensation can cover lost income, obtaining pay stubs can prove that you weren’t able to earn a living or as much as you used to due to the incident.
- The police or incident report: If the police were present at the scene of your accident, they will fill out a report, which you can request a copy of for your records. The report will include information about the accident, the parties involved, and witness information. If you were hurt at an establishment, the manager on duty could have written up an incident report that details what happened.
- Video surveillance: If a camera or mobile phone caught the accident on video, it can serve as strong evidence to back up your claim.
- Photographs: Photographs can document the accident scene and your injuries.
- Safety reports: Businesses, especially those in the construction industry, could have a poor safety record that includes the kind of hazard responsible for your injuries.
- Inspection logs: A history of inspections may mention the failure to remove a hazard or provide necessary maintenance.
- Witness statement: Witnesses who saw the accident can back up your claim.
- Expert opinions: Experts can analyze the accident and your injuries to determine the accuracy of your claim. They can also testify on your behalf.
The more evidence you can collect, the stronger your personal injury case should be. A lawyer can help you identify possible forms of evidence in your case and even obtain evidence for you.
Steps to Build Your Personal Injury Claim After an Accident
From the first moment after your accident, there are steps you can take to begin building your personal injury claim if you are able to do so.
- Seek prompt medical treatment: Your health comes first, so seek medical attention as soon as possible so your doctor can treat and document your injuries.
- Contact the police: If applicable to your situation, such as in the event of a car accident, you should call the police so they can secure the scene and prepare a report.
- Gather evidence: Try to take photographs of the accident scene, ask for the police report, and write down witness contact information.
- Inform your insurer: Contact your insurance company because your policy may cover some of your losses, especially if you were hurt in an auto accident. Depending on your state and the type of incident, you may also file a claim with the liable party’s insurer.
- Consult a lawyer who handles cases similar to yours: A personal injury lawyer can gather evidence, calculate the value of your claim, send a demand letter to the insurance provider, file a lawsuit, and protect your rights.
Don’t worry about not being able to hire an attorney to help you with your claim. Many personal injury firms, including Jenner Law, take cases on contingency. That means we only charge you for our services if we obtain compensation for you.
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Learn More About What Evidence Is Needed to Prove a Personal Injury Claim Today
You only have so much time to decide to file a personal injury lawsuit. Each state has its own statute of limitations. Failing to file a lawsuit before the deadline may result in you losing your right to pursue compensation through the courts.
A personal injury lawyer can show you your options and work to meet the statute of limitations in your case. To learn more about personal injury claims in a free consultation, call Jenner Law today.