The types of evidence you need for a personal injury claim include medical reports, accident scene photos, witness statements, and more. When you are in an accident that someone else causes, you have the right to seek financial compensation for any losses you can prove are due to the other party’s negligence.
However, the burden of proof is on the victim’s shoulders, meaning it is up to you to demonstrate what your losses are clearly. A Charlottesville personal injury lawyer explains those six pieces of evidence for you.
Medical Records of Your Injuries
To file a personal injury claim, you must demonstrate that you have injuries. To do that, you need to go to the hospital or a doctor to get care. Medical evidence comes in various forms, but the more you have, the better. Some of the most important and valuable types of medical evidence in these cases include:
- Diagnosis and exam records that show when and where you received care
- Discharge papers outlining your care and treatment plan
- A record of medical appointments, procedures, and services you received
- Your medical record from all parties that treated you during your recovery
- Medical statements from your treating providers about your injuries, symptoms, losses, and limitations
- Lab results, including imaging that shows the current level of injury you have
You will need to have evidence that shows what your injuries and losses are, as well as what the prescribed treatment for those conditions is for you. The more information you have to document this, such as medical forms and statements from providers, the easier it is for you to have all the evidence required to substantiate your claim.
For a legal consultation with a personal injury lawyer, call (434) 817-3100
Accident-Specific Evidence
When you are in an accident, what you do in the moments after the incident is critical. Prioritize getting the medical care you need and calling for help. If and when it is possible for you to take additional steps like the following, while remaining fully safe, do so. Accident-specific information helps you to show exactly who caused your injuries and losses. This might include:
- Photos you took of the scene of the accident or videos that show the layout of the area
- The name and contact information of those involved, including any witnesses who saw the incident
- Police reports from the scene that document the details of what occurred
- Physical evidence you have from the accident
Any type of information or data you have that shows what happened at the time of the accident can prove to be critically important.
These resources are not always easily available, but your attorney will help you obtain the information if it is available. That may include taking legal action to force the other party to provide information.
The Other Party’s Information
Though more challenging to obtain, if you can prove what the other party was doing or experiencing at the time of the accident, you have a valuable way to demonstrate your losses. For example, if you are in a car accident with another driver, there are some details of your case that your attorney may seek even though they seem off-limits. This may include asking the court for access to:
- The other driver’s medical records right after the accident
- Dash camera footage from the other driver
- Phone records that indicate the driver was on their phone at the time of the accident
- Navigational logs on the vehicle that demonstrate recklessness or liability
This information is not always accessible or readily provided by the other party. However, your lawyer will know how to seek that information and evidence for you. Do not wait to seek help from your attorney when gathering evidence for a personal injury claim.
Medical Expert Testimony
There are many instances in which victims are faced with ongoing injury or complex outcomes from their injury. You have the right to seek compensation for any injuries you have sustained from the accident. Yet, if there are disputes about your care, you have pre-existing conditions, or there are disputes about your recovery abilities, consulting medical experts can be vital.
You may benefit from consulting medical experts if you have sustained serious injuries that require a prolonged recovery. And, if you are unable to recover, you want these doctors to be able to provide clarity on why you cannot expect to go back to work.
Medical experts can also help clarify critical details, such as showing that your preexisting conditions did not directly contribute to your current injuries or demonstrating that the evidence indicates your condition was worsened by the accident. Learn more in our FAQs.
Accident Reconstruction Services
There are some situations where it can be hard to know who is telling the truth and, therefore, who is at fault. One team you can count on to be your advocate is the accident reconstruction professionals. Your attorney, the opposing attorney, or the court may call in these professionals to provide clarity.
For example, these companies utilize software that enables the reconstruction of the accident. It looks at placement and damage and can recreate the accident in a way to see who caused it. This information can prove valuable in cases of high-end losses, for example, where you need clarity on the details of your claim.
While accident reconstruction information may not be required in every case, it is critical to have when it is needed.
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Documentation of Catastrophic and Ongoing Injuries
If you have catastrophic injuries that you will not recover from, your lawyer will help you build a strong claim that includes those losses. This may include losses related to:
- Spinal cord injuries
- Traumatic brain injuries
- Loss of hearing or sight
- Loss of communication
- Disfigurement
In these cases, your claim must accurately represent the impact these losses will have on your future. The more clarity there is to uphold this information, the better. Schedule an appointment with our personal injury lawyers today.
Schedule a Free Consultation with Our Accident Lawyer Before You File a Claim
Work with a team of attorneys dedicated to providing you with exceptional legal support.
When you call on MartinWren, P.C. for your claim, you can be confident we will gather all the types of evidence you need for a personal injury claim to prove your case and its worth.
Call (434) 817-3100 or complete a Case Evaluation form
