Gathering Evidence to Support a Personal Injury Claim
August 18, 2017
A personal injury claim cannot be successful without evidence to support it. This is because personal injury claims hinge on the issue of negligence. If the claimant cannot prove that their injury and resulting damages are the direct result of another party’s negligence, the alleged negligent party cannot be held liable and thus be required to compensate the victim for their damages.
Individuals injured in a car accident are advised to gather as much evidence as possible to support their claims. Certain pieces of evidence need to come from outside sources, which the claimant’s personal injury lawyer can arrange. Having access to these outside sources is one of the most impactful benefits of working with an experienced car accident lawyer to pursue a personal injury claim.
Evidence the Claimant can Gather at the Scene of an Accident
Unless an injury victim is in critical need of emergency medical care and must be rushed to the nearest hospital, he or she may be able to gather some of the most important evidence to support their claim at the scene of the accident, including the following:
- Photographs of the accident, and if possible, photographs that show how the accident occurred. These can be photographs of skid lines on the roadway or images that capture the whole scene, showing the point of impact between the two vehicles
- Eyewitness testimonies of the accident
- Photographs of their immediate injuries, such as cuts and bruises after the collision
- A copy of the official police report – usually available within a few days following the crash. The police report will typically show if dangerous driving behaviors such as speeding or reckless driving contributed to the crash
If possible, individuals involved in a car accident should also exchange insurance provider information with other involved parties before leaving the scene of an accident.
Evidence that the Claimant Obtains After the Accident
In addition to the evidence obtained at the scene of the accident, an individual must provide evidence that directly links the accident to their injury and subsequent financial damages. These include:
- Medical bills
- Documents from the victim’s employer showing the time they had to take off work and the wages they missed
- Receipts for other expenses related to the injury, including the need for over-the-counter medical aids or transportation assistance
Evidence a Lawyer Can Help the Claimant Obtain
The final piece of a claimant’s evidence body is the evidence their lawyer can help them obtain. This can include the following:
- Testimony from expert witnesses, such as those that explain how the damage to the victim’s vehicle demonstrates the type of accident that occurred
- Video surveillance of the accident, if it exists
- A digital reconstruction of the accident. This is an animated rendering of the accident using the facts about the case, such as its location and the speed of the vehicles to visually represent the accident
- Evidence to show the other driver’s physical state at the time of the accident. This may include blood alcohol tests that show he or she was driving drunk; cell phone records that prove the driver was texting behind the wheel; or work records that indicate drowsy driving may have been a factor in the crash
Camden Car Accident Lawyers at DiTomaso Law Recover Evidence Necessary to Prove a Victim’s Personal Injury Claim
If you have been injured in a car accident and you are considering seeking compensation for your damages through a personal injury claim, an experienced Camden car accident lawyer can help you reach a fair settlement. Contact us online, or call 856-219-4970 today to arrange a free consultation with a member of DiTomaso Law. Our office is located in Cherry Hill, New Jersey and we work with clients from South Jersey and the Greater Philadelphia area.
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