Every personal injury case is unique, and as a result, every personal injury case has different evidence that is available to be presented. It is important to know what types of evidence are relevant and critical to proving a particular personal injury case. Having an experienced personal injury lawyer to represent you in your case is key to having the right evidence available to prove the defendant’s legal and financial responsibility for your injuries. Below are some of the most common kinds of evidence that are important for proving a personal injury claim.
Evidence from the Scene
Many personal injury claims arise from some accident, like a car accident, or incident, like a physical assault. Having evidence from the scene of the accident or incident giving rise to your injuries is often necessary for proving what happened in the accident or incident and who is at fault. Evidence from the scene may include photographs of skid marks and of the wrecked vehicles in the case of a motor vehicle accident, or a weapon in the case of an assault. In many cases, you may also present a police report, which is often completed at or following investigation of the scene.
To succeed in any personal injury claim, you must prove that you suffered some injury for which you should be compensated. Injury evidence may take the form of medical records, photographs, or even notes you have taken that describe the extent of your injuries and the impact they have had on your life. Evidence of mental or psychological injuries may also take the form of notes or testimony from those around you.
Documentation of Damages
In addition to proving your injuries, you will also need to prove the economic damages you’ve incurred to be compensated for those expenses. For medical expenses, you will likely have medical bills and invoices to prove the costs of your treatment. If you’ve lost income because you were unable to work due to your injuries, pay stubs or income statements if you are a solo business owner can be used to prove your lost income.
Witnesses of the accident or incident leading to your injuries may be crucial to establishing fault, especially if the issue of fault in your case has boiled down to a “he said, she said”. If you are claiming pain and suffering or loss of consortium damages, testimony from friends and family will often be the only evidence to establish a dollar value for those damages.
Photographs and Video
Even stronger than witness testimony are photographs and video — as they say, a picture is worth a thousand words. In addition, while people’s memories can become distorted or can fade, photographs and videos do not change and in many cases are the definitive evidence proving the defendant’s liability.
Preserving & Presenting Evidence
In many cases, it may be months or years before you even get to the point of negotiation, arbitration, or trial where you need to present your evidence to the other side or to an arbitrator or jury. As a result, you should take steps to preserve your evidence over the long-term, including making backups of any electronic evidence and storing physical evidence in places where it will not deteriorate or be tampered with. Finally, having an attorney to represent you in your claim may be critical to ensuring that all the most important pieces of evidence are introduced when you finally get to the point of presenting your claim.
Contact a Personal Injury Lawyer to Discuss Your Case
Did you or a loved one sustain serious injuries due to an accident in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve.
Contact Bragoli & Associates today!