Which Evidence Matters Most in a Personal Injury Lawsuit?
What separates a personal injury from the standard definition of an injury?
If the cause of your injury can be directly tied to another party, property, or product, you may have a case for a personal injury claim. Prime examples of personal injuries include whiplash from car accidents, burns from defective products, or slips and falls on wet commercial floors.
However, these assertions alone aren’t enough to substantiate a claim. You need a wealth of evidence, including photos, footage, eyewitness statements, medical records, accident reports, and more. Proper evidence will allow your personal injury attorney to build a convincing case in your favor.
Liability, Causation, and Damages
Why do lawyers need so much evidence to support personal injury claims?
Suppose you were injured in a motorcycle accident in Staten Island, New York, where a car crashed into your bike at an intersection. In accordance with state statutes, you contact a lawyer and file a personal injury claim to recover compensation for:
- Lost wages
- Personal property damage (economic loss)
- Medical expenses
- Suffering that interferes with daily life
In legal terms, these losses are called damages.
However, recovering these damages is not as simple as just filing a claim. You immediately run into your first problem. You didn’t take enough photos of the damage to your motorcycle at the scene.
Luckily, your lawyer was able to secure CCTV surveillance footage from the intersection where the accident occurred. They also gather eyewitness statements from a store owner who witnessed the accident.
Yes, building a “mountain” of evidence is critical.
Without a lawyer, you likely would not have obtained surveillance footage or eyewitness statements. A few photos aren’t enough to prove the driver directly caused the collision (causation), and you would’ve missed an opportunity to prove legal fault (liability).
Injury Documentation
A lawyer would also use medical records of your injuries and financial documents to prove the impact of the accident on your life.
The quicker you receive medical attention and document your injuries, the better. These timestamped documents record your initial visit, including any follow-up appointments, treatments, and prescription medications. Other examples include:
- X-Rays, CT Scans, and MRIs
- Ambulance logs
- On-scene paramedic reports
- ER intakes
- Surgical summaries
Importantly, follow your treatment to the letter. Otherwise, insurance companies will use your lack of follow-through to fight your claim. Keeping a daily pain log can help support your commitment to recovery, along with continued medical documentation.
Accident and Incident Reports
How you respond on-scene is vital to future personal injury claims.
This includes calling the police and paramedics on-scene for documentation. Police reports help lawyers construct a full timeline of events. An on-scene police officer can also provide additional statements for your evidence file.
Similarly, if you slipped and fell on a puddle of laundry detergent in a drug store, you would have to file an incident report with the store as quickly as possible, as you wait for medical attention. Witness statements from shoppers and staff should also be used to back up your personal injury claim.
Most importantly, commercial establishments have security cameras that can provide crucial footage for your personal injury claim.
Start Building Your Case
Ensure you never miss a single detail.
Keep the importance of evidence at the forefront of your mind whenever you hit the road or even visit a grocery store. Think quickly by taking photos and videos of accidents, injuries, and property damage. File accident and incident reports while keeping an extensive medical file for your personal injury lawyer.
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