Evidence for Proving a Personal Injury Claim
Posted on behalf of Greg Coleman Law on Feb 07, 2018 in Personal Injury
Before an accident victim can recover compensation for a personal injury claim, he or she must be able to establish that the at-fault party’s negligence caused the accident and his or her injuries.
This will require the help of a skilled attorney who understands which evidence you need to build a case that supports your claim.
At Greg Coleman Law, our compassionate Knoxville personal injury lawyers are dedicated to helping you pursue maximum compensation for your claim. We will help you identify and gather important evidence that proves the other party’s negligence directly caused your injury.
There are several types of important evidence that may help establish your claim, such as:
Police or Accident Report
An important piece of evidence you may need is the police or accident report that provides a professional and objective account of the accident.
For example, if you were involved in an auto accident, the responding law enforcement officer will complete a written report that provides specific details about the other party and the potential cause of the accident, including if the other party broke a law. You can request a copy of the police report for your records.
Additionally, if you were injured in a slip and fall accident, you should try to file an accident report with the business or property owner to document what happened.
Photos can be powerful evidence in a personal injury case, as they can provide a firsthand account of the severity of the accident and the damage that occurred. Some important photos to take include:
Pictures of the Accident Scene
If you are able, take pictures at the scene of the accident. However, if you are too hurt to do this, ask someone else to do this for you or try to return to the accident scene after the fact to take pictures.
If the accident involved a motor vehicle collision, take pictures of the vehicles that were involved and any factors that may have contributed to the accident. This may include debris on the roadway and nearby traffic signs.
If the accident occurred at a business, takes pictures of the location where you were hurt and any spills or poorly stacked merchandise that led to the accident.
Try take photos as soon as possible after the accident occurred before the scene is altered.
Pictures of Your Injuries
Additionally, you should consider taking pictures of your injuries after the accident. If your case goes to trial, it may be several months before you are in front of a jury, and your wounds may be fully healed by then.
It may help your claim to document the progress of your recovery, as well as the time it takes for your injuries to heal.
Take pictures as your injuries change over time. Include photos of broken bones, disfigurement to your face, significant bruising or other physical injuries.
The best way to show the true extent of your injuries is to obtain copies of your medical records. These documents will detail the type of medical treatment you receive and will establish a link between the accident and your injuries.
After you have received medical treatment, try to obtain the following types of medical records:
- Emergency room reports
- Medical notes
- Medical bills
- Visits to physical therapists
- Prescription medication records
Medical records can also establish injuries that may not be physically apparent, such as psychologist records that detail how the accident has affected your mental health.
Our personal injury lawyers may recommend that you keep a daily journal in which you detail your injury and how it has affected your life since the accident.
This can include how the pain and suffering you have endured after the accident is directly related to your injury and whether you have lost enjoyment of life or are unable to perform simple daily tasks.
In your injury journal, you should provide details such as:
- How your medical treatment has affected you
- Whether your injury has deprived you of your independence
- The pain and suffering you experienced after the accident
In many situations, an accident may interfere with a person’s ability to work and earn an income. Victims who sustain serious injuries during an accident may be unable to perform the physical or mental demands required of their occupation.
If the victim sustained a serious injury after an accident, he or she may become permanently disabled and find it difficult to sustain employment or earn an income.
You may be able to receive compensation for your lost wages and your lost earning capacity. Collect employment records that detail the following information:
- Your average rate of pay before the accident
- The average number of hours you work each week
- The difference in pay you received before and after the accident
- Any benefits you may have used after the accident
Help Gathering the Evidence You Need to Establish Your Claim
Our Tennessee personal injury lawyers will help you gather any of evidence you may need to build your personal injury case. We are committed to helping you pursue maximum compensation for the injuries that you sustain.
To find out if you are entitled to compensation, schedule a free, no obligation consultation with our experienced personal injury attorneys to discuss your claim. We provide all of our services on a contingency fee basis, which means you only have to pay us if we recover compensation for your claim.
Call (865) 247-0080 to get started today.