If you plan to file a liability claim or civil suit based on your accident, you must understand the typical evidence used in personal injury cases. It will be necessary to prove to the insurer or the judge and jury that the accused party acted negligently and caused your injuries. This is essential to recovering compensation in these cases.
To build the strongest case possible, you may want to consider hiring a personal injury law firm to manage your case. An attorney will have access to resources you do not have on your own. They not only have the money to conduct a more thorough investigation, but they can call on experts, obtain video, and take other steps to support your claim and recover compensation.
What Evidence Is Frequently Used to Prove a Personal Injury Claim?
The available evidence can vary widely between cases. All the items in this list may not be helpful or even present in your case while they prove crucial in others. The best way to understand what evidence you will need is to work with an attorney.
Some common evidence in these cases includes:
Photos and Video
Having photos from the scene or video of the accident or incident can make it much easier to prove what happened and who is responsible. Pictures and videos may not conclusively point the finger at the liable party, but they can show that a hazard existed and exactly what happened to cause injuries.
Police and Incident Reports
Official reports filed by law enforcement, first responders, and others document what the professionals saw on the scene and are generally well-accepted by jurors at trial. Unfortunately, many types of injury accidents do not call for this type of report. However, law enforcement officers who respond to a collision complete these reports, so they are generally available. They often play a vital role in proving what happened and who is liable in car accident cases.
The police report may even note that one driver received a citation for violating a traffic law, which helps to prove negligence occurred since it satisfies two of the four elements of negligence, duty and breach of duty. The remaining two elements are causation and damages.
Eyewitnesses can play an essential role in proving a personal injury case. They can detail what happened from their point of view, and most do not have any connection to anyone involved in the incident or accident. When there is no video of the injuries occurring, witness testimony can be the next best thing.
However, memories fade. It is imperative to record witness statements as soon as possible to get the facts correct and get as much detail as possible. The police may interview some witnesses, but your attorney will likely want to talk with them again.
Experts may be essential in some cases, particularly when there are severe injuries or lasting impairments. Medical experts are often called in to explain the victim’s prognosis, future and ongoing care needs, and more.
Accident reconstruction experts are common in traffic accident cases, as well. These experts use collision forensics to determine what happened and who is liable.
Documentation of Your Damages
Documenting expenses and losses and putting a fair value on the claim is essential for getting an appropriate payout in a personal injury case. Your attorney can value the case by gathering proof of expenses, losses, and likely future damages, including non-economic losses such as pain and suffering.
Documents that can help prove your damages include receipts, medical bills, pay stubs, statements from medical experts and economists, estimates for vehicle repairs, and more.
For a free legal consultation, call 800-537-8185
An Attorney Can Help Prove Your Personal Injury Case
Working with a personal injury attorney can make it much easier to investigate your injury claim and develop a strong case for compensation. They will have access to resources, knowledge, and information that you will not have on your own. They can handle your claim for you and demand fair compensation on your behalf.
There are deadlines for suing the at-fault parties in these cases. For example, La. Civ. Code Art. § 3492 only gives injury victims 12 months from the day of their injuries to begin a lawsuit against the liable party. This is one of the shortest statutes of limitations nationwide. If you miss the deadline, you may not be able to get compensation for your injuries and other damages.
Call Morris Bart, LLC Now for Your Free Consultation
The Morris Bart law office attorneys near you are ready to discuss your injury case with you for free today. We provide free consultations so you can learn more about your options for recovering compensation and holding the at-fault party accountable. We are a contingency fee law firm with offices in Louisiana, Mississippi, Alabama, and Arkansas.
Call (800) 537-8185 now to speak with a lawyer about your case for free.
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