What Kind of Proof Do I Need to Have a Successful Personal Injury Case?
Every year, tens of thousands of people get hurt on the road, at work, or in public. With the help of an experienced personal injury attorney, injured victims can claim compensation for their pain and suffering, medical bills, and lost income. To be successful, they have to gather several kinds of evidence.
The Three Kinds of Evidence
First, your lawyer has to prove that negligence occurred and that someone else caused the accident. Next, they have to demonstrate that your injuries are a result of the car crash or incident.
The other party might argue that you were already unwell beforehand and that your injuries are unrelated to what happened. Finally, the lawyer also has to show that the damage has resulted in ongoing hardship.
You can only get compensation for your physical injury if you can prove that the car accident or workplace incident was caused by the opposing party’s negligence. If you caused the incident yourself or it wasn’t preventable, your personal injury claim won’t be successful.
If you were in a car accident, your attorney might use evidence from security cameras to determine whether the other driver was breaking the law. Additional evidence could include witness statements, skid marks, the police report, and photo evidence.
The Injuries Are a Result of the Accident
People who already had injuries before their accident are at a disadvantage. The other party’s insurance company might claim that their current struggles are due to existing medical conditions or previous injuries.
To counter such claims, your lawyer might ask experts in the medical field to provide testimony. You’ll also have to provide your past and present medical records, bills, and medical data.
The Injuries Are Causing Hardship
To access a fair settlement and achieve success against the other party, you need to demonstrate how the incident is affecting you.
Some of the required evidence includes your past and current pay stubs, reports from family and friends, and proof that you have had to change your home or work environment to accommodate your new situation.
What Kind of Proof Do I Need for My Personal Injury Claim?
The more evidence you have, the more successful your personal injury case is. Together with your attorney, you’ll collect various kinds of physical evidence, and you might also speak to eyewitnesses and expert witnesses.
You have a good chance of winning compensation if you start gathering evidence as soon as possible. Make sure you have the contact details of the other people involved and take plenty of photos and videos of the accident and your injuries if you can. Ask your doctors, boss, family members, and friends to provide you with written statements.
A Witness Testimony
Witnesses can provide evidence that is hard to refute. They can explain how the injury occurred and prove that the other person acted negligently. They might have also made photographic images or videos that show evidence of broken glass, blood, and other relevant items.
It’s important to consider that people’s memories fade over time. If you wait for a year or more before making your personal injury claim, the witnesses might no longer have a clear memory of the accident. That’s why we recommend that you get in touch with us at Wendt Law Firm as soon as possible.
Medical Bills and Statements
Your medical records are crucial because they show that the accident has resulted in a personal injury. Bring proof of your hospital appointments, physical therapy sessions, and medical expenses to your first appointment with your lawyer. The more evidence there is, the better your chances.
Once we’ve taken on your case, we might ask you for the contact details of your medical providers. We work closely with doctors to make sure our statements are accurate and detailed.
Sometimes, a second opinion is necessary to convince the other party’s insurance company or the judge that you deserve compensation. Medical experts can confirm your own doctors’ medical diagnosis and provide information about the timeline and cost of your injuries.
They can also help you prove that your current condition is a result of the incident. An experienced personal injury attorney has many contacts in the medical field, so they can connect you with someone relevant to your case.
Aside from your medical records, you might need to provide additional documentation. This could include objective evidence like an accident report, insurance statements, footage from a street camera, or a tangible object.
However, the evidence can also be subjective. Your attorney might ask you to keep an injury diary, so you have a record of your condition in the weeks after the personal injury incident. You can also bring evidence of conversations you’ve had with others about the effects of your injuries on your life.
Other Types of Evidence
Every successful personal injury case consists of various kinds of evidence. A skilled attorney is creative, and they look for proof in unlikely places.
They might ask to see the video surveillance equipment of neighboring businesses and private homes, or they might speak to the mechanics and car manufacturers of the vehicles involved. Sometimes, even weather patterns can provide insight into what happened.
Is a Lawyer Necessary in Personal Injury Cases?
Most personal injury cases are ambiguous, and it can be hard to prove that the injured party is innocent. That’s why we never recommend starting a personal injury lawsuit without a competent lawyer.
A good attorney provides support from start to finish. They analyze your case, help you compile the necessary evidence, and check whether the incident was simply caused by negligence or whether there was malicious activity. If necessary, they also represent you in court.
How Can I Gather Convincing Evidence at the Accident Location?
It’s much easier to gather physical evidence at the accident location than to compile it later on. If you’re able to, use cell phones to take photos and videos of the site. Capture the other vehicles, your injuries, and the conditions in the area where you were hurt.
If you were too unwell to gather evidence at the time of the incident, your lawyer will help you to check whether one of the witnesses took photos or whether there is other video surveillance equipment in the area where the accident occurred. They might also check incident reports by the police and local businesses.
How to Find a Great Personal Injury Lawyer
Your personal injury case will likely take less time and be more successful if you work with an experienced personal injury lawyer. Studies have shown that people who try to file their own claims achieve lower settlements than those who get legal advice.
Check the Website
A good law firm has important information on its website. You might find the lawyers’ biographies, practice areas, previous results, videos, and testimonials from past clients.
Always choose someone who specializes in personal injuries. A general lawyer who doesn’t have a specialization is unlikely to provide you with excellent services.
Book a Free Consultation
You can only tell so much from a website. To find out more about a lawyer, book an appointment. Bring your insurance information, details about your case, and accident reports. With this information, the attorney can accurately estimate your chances of success.
During the first meeting, pay close attention to how the lawyer acts around you. Are they friendly and helpful? Do they explain everything in simple terms? If so, they could be a good fit.
How Much Money Can a Lawyer Help Me Recover?
The amount of money you receive depends on your injury, how it affects your life, and how easy it is to demonstrate that the other party acted negligently. Some personal injury cases result in a settlement of $1,000 or less, while other victims receive millions.
During your first appointment, we’ll go through your records and determine how much you need to cover your costs and the emotional trauma. We’ll discuss your situation and help you understand what to expect.
Should I Contact an Attorney Right Away?
Don’t hesitate to contact a lawyer in the days or weeks after the accident occurred. The more recent the incident, the easier it is to find witnesses and evidence.
However, you have up to five years to file your personal injury lawsuit, so there’s no rush if you’re injured and unable to speak to a lawyer straight away. You can wait for your injury to heal and then claim compensation for your hospital bill and other expenses.
If you’ve been injured in a car accident, at work, or in a public place, you can get compensated for your bills and lost working hours. However, you have to provide a lot of evidence because a personal injury claim can be hard to prove. Get in touch with us at 816-542-6734, and ask for an appointment. We’ll evaluate your injury claim and determine whether you have a good chance of winning your case.