Types of Evidence Used in Personal Injury Lawsuits

Types of Evidence Used in Personal Injury Lawsuits

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Types of Evidence Used in Personal Injury Lawsuits

If you have been injured due to someone else’s negligence, you may be able to recover compensation by filing a personal injury lawsuit. In this case, it is powerful to have the right personal injury lawyer to assist you and to understand the different types of evidence used in personal injury lawsuits. 

One of the most important components of your injury claim is your lawyer's ability to gather, review, and showcase the evidence in your court case. Depending on the specifics of your injury, many different types of evidence may be used in your case. Not every personal injury lawsuit is the same, and hiring the right personal injury lawyer to guide you through this process and to assist you with understanding this evidence is critical. 

What follows are some of the most common types of evidence in a personal injury case. You'll always want to walk through the specifics of the accident, including the date, location, time and factors you believe to have been involved so that your attorney can make an informed decision about which types of evidence make the most sense to pursue.

If you want to learn more about the different types of evidence used in personal injury lawsuits, contact Morgan & Morgan today for a free, no-obligation case evaluation.

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  • How About Photographs and Videos?

    If possible, gather photographs and videos at the scene of the incident. This helps to tell the story of what happened and the position of any vehicles or other obstacles after the accident occurred. This is especially important if you are making a claim that the other driver was involved in reckless or dangerous driving behavior at the time of the incident. 

    For example, skid marks on the road could show that you attempted to swerve out of the way or that the other driver was going at an excessive speed at the time of the incident. It's not always possible to collect these photographs and videos immediately after the accident, however. In instances where you have been seriously hurt, you may be immediately taken to the hospital and without the opportunity to gather this evidence on your own. This is where the right personal injury lawyer comes into play. 

    Other eyewitnesses may have gathered photographs or videos from the scene of the accident, but if you are unable to obtain this type of evidence, your lawyer may still be able to make a claim that you were seriously injured because of someone else's reckless behavior. Videos do not always have to be taken immediately at the scene of the accident and may have been captured by nearby traffic or security cameras. Your lawyer will likely launch a full investigation to determine if this applies in your case.

  • How About Accident Reports?

    You may be legally required to call the police to the scene if someone was injured or killed in the accident or if there is a high level of property damage. Furthermore, it is usually a good idea to call the authorities to the scene so that you can use an accident report as evidence after the fact. The accident report contains important information about the accident itself that you may struggle to remember later on, but it also may include officer concerns about things, such as whether or not the other person was under the influence of alcohol. 

    Perhaps the officer completed a field sobriety test and recorded this in the accident report. That information becomes extremely important in your pursuit of compensation, so make sure that you keep a copy of the accident report and provide this to your personal injury lawyer. Your attorney can tell you more about how to get a copy of this.

  • How About Your Medical Records?

    Medical records are tricky when it comes to a personal injury claim. One of the most common defenses by the other side is to argue that you had previous injuries prior to the accident. Because of these issues, your lawyer should be prepared to walk you through which medical records you should release. 

    On the one hand, your medical records show that you received immediate care for your injuries and continue to follow up with your doctor and other specialists. However, your medical records going back too far may reveal personal information about you that does not help your case and that you are uncomfortable sharing. Any medical records associated with the incident in question are critical for your case because they help detail the extent and type of physical injuries you suffered, as well as the extent to which this has affected your life. 

    For example, if you are arguing for lost wages because of the amount of time you've had to take off of work to get treatment or because you were in too much pain to work, your medical records can help support that argument. An insurance company may try to get your older medical records to see if you have any past conditions that were aggravated, but your attorney should work hard to protect your privacy and limit the records that the insurance company has access to.

  • How About Financial Documents?

    One of the most important aspects of your personal injury claim are your financial and economic injuries. When an accident keeps you off of work for weeks or months or leads to a permanent disability in which you are unable to return to work, you suffer from reduced earning potential and lost wages. Gathering your financial documents that support this such as your pay stubs and W-2s help tell the story of how your income has been affected.

    It is very important to go into your personal injury lawsuit with a clear understanding of what types of damages can be recovered, since you may be eligible for both economic damages, which can be illustrated with the evidence you submit, and non-economic damages, such as pain and suffering. 

    Your ability to receive these non-economic damages depends on multiple factors, including the state that you live in and the specifics of the accident. During your initial consultation with a Morgan & Morgan personal injury lawyer, you will get a better understanding of the various types of damages that may be included in your case. 

    It's better to bring every document you believe to be associated with your personal injury case to your lawyer's office during the initial meeting. It's better to bring every document you believe to be associated with your personal injury case to your lawyer's office during the initial meeting. From there, your attorney can decide which of these applies to your overall case and can tell you more about any additional financial or other documents you may need to gather to show how you were influenced by the accident. 

  • How About Medical Bills?

    Another component of your financial injuries are your medical bills, which may be significant and overwhelming. You need to demonstrate your economic injuries, including anything you or your insurance company has paid out in association with these conditions. This includes rehab and hospital bills, transportation costs, medical device receipts, at-home care, and more.

  • How About Witness Statements?

    When you can gather the contact information of people who saw the accident happen, this may be used in your personal injury claim. If your claim hinges on the allegations that another business or individual was responsible, other eyewitness testimony can help to prove that the other person's actions fell short and caused you to suffer. Your personal injury attorney at Morgan & Morgan will review all eyewitness testimonies, so long as it is associated with the incident. If the story is not the same as yours, your attorney may decide not to pursue this eyewitness testimony, as the differences could harm your chances of success.

  • How About Expert Witnesses?

    This is not a form of evidence that you'll collect directly at the scene or immediately after, but expert witnesses may be used to help tell the story of complex accidents or issues. 

    For example, a financial expert may be obtained by your personal injury attorney at Morgan & Morgan to determine your reduced earning potential. If you're unsure how the accident happened and do not have photo or video evidence from the incident, an accident reconstruction expert may explain how the accident happened and who was held at fault. If the other side is arguing that you don't have any injuries or that your injuries are not as severe as you claim, a medical expert can provide a formal opinion about these injuries. 

  • Morgan & Morgan Can Help

    Many different types of evidence used in personal injury lawsuits may be used for your specific case, but it is important for you to consult with a qualified and dedicated attorney to assist you with handling every aspect of your personal injury claim. 

    It can feel difficult to gather all of this information and decide on your next steps, but the support of a qualified attorney makes it much easier for you to navigate the legal process and to do everything possible to protect your rights. For over 35 years, Morgan & Morgan has been fighting For the People, with over $20 billion recovered for our clients.

    To learn more about your case and the types of evidence you may need, contact the Morgan & Morgan today for a free, no-obligation case evaluation.

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