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What Counts as Evidence in a Personal Injury Claim?

by Miles Austine
July 18, 2023
in Law

Filing a personal injury claim following an accident is crucial. Personal injury law allows victims to recover their losses and hold the negligent party accountable at the same time. When it comes to personal injury law, the plaintiff (the victim) has the burden of proof. It means they have the responsibility of proving their claim.

To prove negligence, you need substantial evidence. Collecting substantial evidence without the help of an experienced lawyer is nearly impossible. You must have a lawyer by your side to collect evidence, negotiate with the insurance company, and get you the compensation you deserve. Visit www.gallagherkennedyinjury.com to learn more about how a lawyer can help you win just compensation.

A lawyer will collect evidence through investigations. But not all evidence is collected through investigation. You can help your lawyers by collecting simple evidence. 

Table of Contents

  • Substantial Evidence You Can Collect
  • Medical Bills
  • Photographs and Videos
  • Eyewitness Testimonies
  • Police Report
  • Documentation of the Recovery Phase
  • Final Thoughts

Substantial Evidence You Can Collect

The actions you take following an accident can significantly affect your case. You can collect evidence through simple acts. Following are some of the pieces of evidence you can collect that can help prove negligence:

  • Medical Bills
  • Photographs and Videos
  • Eyewitness Testimonies
  • Police Report
  • Documentation of the Recovery Phase

Medical Bills

As far-fetched as it can seem, medical bills are a crucial piece of evidence in personal injury cases. To prove negligence, you have to prove the four elements of personal injury law. Medical bills prove two of the four causation and damages. It shows that you have sustained injuries due to the accident and have incurred expenses to fix your injuries.

Photographs and Videos

Following an accident, if you are feeling fine, take photos and videos of the accident scene. You can cover things like property damage, your injuries, any lack of signs, etc. This can help prove that the defendant breached their duty of care. It can also prove that you have sustained damages because of their negligence.

Eyewitness Testimonies

Eyewitness testimonies can help your case to a great extent. This is the best type of evidence. Following an accident, you need to speak with people who witnessed the accident and get their contact information. Later, you can just give the contacts you collected to your lawyer. They will take care of the rest.

Police Report

The police report is the most basic type of evidence you can collect. You need to report your accident to the police. The officer who comes to the accident scene will make a detailed report of the accident. The police report is trusted by insurance companies, judges, and juries since it directly comes from law enforcement.

Documentation of the Recovery Phase

Documenting your road to recovery is important since it is considered evidence. Document the expenses you incur as a result of the accident. Expenses like medical bills, property repair costs, home readjustment costs, etc., should be collected. This can prove to the court that you have sustained substantial damages due to the accident.

Final Thoughts

A lawyer will help you in collecting evidence. In some cases, you can help your lawyer too. You don’t need a law degree to collect the above-mentioned pieces of evidence. It is very simple to collect this type of evidence. You can win your case sooner if you have these pieces of evidence.

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