Evidence includes any documents – including electronic ones – papers, or other materials supporting your side of the story. This can be documents, recordings, remnants from a faulty car, patients’ files, or formal declarations from experts. Through evidence, one can demonstrate how the accident occurred, the liability of the accident, and the extent of the injuries. It is difficult to convince the judge or the jury with many probabilities or assumptions that they should award you compensation for your injuries.
When preparing to meet your personal injury lawyer in Rockford, it’s wise to have any documentation or proof that you want your attorney to see before the first session. Hiring an attorney soon after an accident can help your counsel understand your case and gather evidence effectively, as this process may take time.
Types of Evidence for Personal Injury Cases
Below are some forms of evidence that are poorly litigated but might improve a personal injury case. We will also review how you can acquire these types and how a personal injury lawyer might help.
Photos
Anyone with a cell phone can take photos of the accident scene. The photos you will need will vary depending on the type of accident. For example:
- In a car accident, photograph any chip/dent, tire marks, shards of glass, and all cars involved, along with their registration numbers.
- If you got injured by a dangerous condition on the property, take pictures of other conditions, such as liquids on the floor, uneven floors, or dangerous surfaces.
- Photograph your external injuries at the accident scene and the subsequent days in the hospital or clinic.
Check that your device has date and time stamp options. This will make the photos stronger evidence for your claim, but they shouldn’t be the sole source of evidence.
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Video Surveillance
Videos from security or dash cameras can provide valuable evidence by recording movements or dangerous weather conditions that lead to accidents. Attorneys should actively seek this footage if it’s not readily available.
Physical Evidence
Physical items left at the accident scene can help your case. For example, a broken car part or torn clothing could be useful. Only pick these items up if it’s safe. Store them in a container, and avoid touching them too much.
Incident Reports
For car accidents, call emergency services right away. Reports from police, paramedics, or firefighters can support your claim. If you have trouble getting these reports, your lawyer can help you.
Witness Statements
Witness statements are important for personal injury cases. Witnesses can be friends, family, or people at the scene. Try to get each witness’s:
- Full name
- Phone number
- Address
- License plate number and insurance details (if it’s a car accident)
Employment Records
If you are claiming lost wages, save pay stubs or letters from your employer. These show how much money you missed due to the accident. Also, keep any messages about the time you took off to recover.
Conclusion
In the case of a personal injury case, you have to prove your claim. This means showing it’s “more likely than not” that the defendant’s actions caused your injuries. The “preponderance of the evidence” standard is easier than the “beyond a reasonable document” standard in criminal cases, but it still requires strong evidence to convince the judge or jury.
The judge or the jury will mostly look at the evidence from both sides. They will also decide if it’s more likely than not that the defendant caused your injuries.
References:
- https://www.gkbm.com/blog/importance-of-evidence-for-personal-injury-cases/#:~:text=Documents%2C%20audio%20and%20video%20recordings,the%20extent%20of%20your%20injuries.
- https://abrahamwatkins.com/personal-injury-faqs/what-kind-of-evidence-do-i-need-to-provide-for-a-personal-injury-case/
- https://wendtlaw.com/what-kind-of-proof-do-i-need-to-have-a-successful-personal-injury-case/
