What Evidence Do I Need for a Personal Injury Case?
April 6, 2021 | Personal Injury
Although virtually anyone can file a personal injury case, successfully navigating that case to a favorable settlement or verdict is more difficult. For a successful personal injury case, you must be able to prove that you were injured, the extent of your injuries, and that your injury was caused through the fault or negligence of another party.
There are a variety of types of evidence that can be presented to strengthen your case. Here’s an overview of common types of evidence needed for a successful personal injury case.
Physical Evidence of Personal Injury
The first thing you need to gather is physical evidence. This is the type of evidence that is tangible and can be presented in front of the judge.
In the case of a physical injury, this could be anything from an object that was damaged during the injury to a bodily injury that can be visibly displayed in front of the court. This is often a very compelling type of evidence, as it can be unquestionably viewed in person.
In fact, because physical evidence is so valuable, remote trials during COVID-19 have become a hotly debated topic, with some attorneys insisting that nothing can replace an in-person trial.
Facial and body cues can be harder to interpret via camera, jurors can be distracted in a home setting, and more concerns about privacy, equal access to technology, and other factors have led to hesitation in fully embracing video-conference trials.
Besides physical evidence, photos and videos are the second most compelling type of evidence you can bring to a trial. This is because pictures and videos show what the results of the occurrence were when it happened, as well as over time.
So, if it takes a while for your case to be tried, photographs and videos will give you a way to display exactly how your injury looked when it happened, and how the appearance of the injury has changed over time. Photos and videos can also allow you to show the scene in which the accident occurred.
Because the injury sustained is the key to your personal injury case, medical records are an essential piece of evidence to include. They can prove to the court when the injury was sustained, a medical expert’s opinion on the injury, treatment you’ve undergone since, and more.
This can help prove the timeline, extent, and expenses of your injury, which will help determine how much compensation your case is worth, along with the validity of your claim.
Be sure to request and keep all medical records you have of doctor’s appointments, medical bills, insurance statements, prescriptions, etc.
Other records, such as an accident report from the police or employment records indicating loss of income, can also be useful to your case. Hold on to any official documentation of events related to your injury.
If there were any witnesses to what happened, their testimonies can be presented as evidence. A video statement, written statement, text message, email, or in-person testimony can be an admissible piece of evidence, and potentially a great way to show substantial evidence that can sway things in your favor.
It’s best to have witnesses record their testimonies as soon after the occurrence as possible so that they don’t forget any details and their memory isn’t called into question.
After a personal injury occurs, your first priority will (and should) be to seek medical attention; however, don’t forget the other essential steps to take after a personal injury like a car accident occurs. Taking the right actions immediately can help you gather essential evidence to build a stronger case.
Admissions of Guilt
If you have any evidence that the other party admitted guilt, this is a compelling piece of potential evidence. Any recording, documentation, or witness to such an admission can provide a strong argument for your case.
Do You Have Sufficient Evidence for a Personal Injury Case?
In personal injury cases, the burden of proof rests on the plaintiff, meaning that they must provide convincing evidence that the injury occurred as they say, and at the fault of the defendant.
However, because personal injuries fall under civil cases, you don’t need to meet the standard of proving your case “beyond a shadow of a doubt”; you are merely required to prove your case has a “preponderance of evidence.” In layman’s terms, this simply means proving your case is more likely than not, or showing that the majority of evidence rests in your favor.
The amount of evidence you will need to prove your case will, of course, depend on your specific circumstances. The more specific, trustworthy evidence you have, the better; however, an experienced personal injury attorney will be able to better help you get an idea of what evidence your case needs to succeed.
Napoli Shkolnik’s skilled New York personal injury attorneys are experienced in all types of personal injury cases. Get in touch today to speak with a personal injury lawyer and learn more about the evidence your case requires.
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