How to Document Evidence After a Personal Injury

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How to Document Evidence After a Personal Injury

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Posted By DAM Firm | October 29 2020 | Personal Injury

Evidence in a personal injury case is what you will use to prove your claim. You will need enough evidence to establish someone else’s fault or liability for your accident and injury. Knowing what evidence to collect after a personal injury, and how to improperly collect it, could help you build a stronger claim.

Types of Evidence

Evidence can help you recover compensation from an insurance company by proving its policyholder’s fault for your accident. If your case goes to trial, you or your personal injury lawyer will need to present evidence to a judge or jury. The burden of proof during a civil claim is a preponderance of the evidence. This means an amount of evidence to prove the defendant is more likely than not responsible for your accident. There are four main types of evidence.

  1. Real evidence. Real evidence is evidence from the scene of the accident that you can see and touch. It may include your damaged vehicle, a defective product, or other material items the jury can hold and inspect.
  2. Testimonial evidence. Testimonial evidence comes in the form of statements from witnesses. It typically describes both statements from eyewitnesses who saw the accident and statements from expert witnesses hired to speak on a certain subject.
  3. Documentary evidence. Documentary evidence is anything that helps to document a defendant’s liability. It can refer to photographs, videos, police reports, medical records, insurance policies and other documents relevant to the case.
  4. Demonstrative evidence. Demonstrative evidence refers to displays of a defendant’s fault. Common examples are animations, diagrams and similar technologies.

These are the four main evidence types during a personal injury case in California. Many others exist as well, however. Not all types of evidence are equal in terms of importance during an injury case. A jury will weigh the relevance of each piece of evidence submitted to determine whether it is enough to prove the defendant’s liability.

What Evidence to Document for a Personal Injury Claim

If you sustain an injury in an accident in California, act immediately to preserve key evidence. It is critical to identify, protect and collect the evidence that will be necessary for you to prove your claim. Without enough evidence, you will be unable to hold the defendant liable for your injuries. Start gathering evidence while still at the scene of the accident, if possible. Make it a priority to continue collecting evidence leading up to your claim.

  • Photographs from the scene of the accident
  • Video surveillance footage
  • Eyewitness information
  • Your police report number
  • Copies of your medical records
  • Pay stubs and lost wage records
  • Personal injury journal
  • Testimony from friends and family members
  • Statements and opinions from subject-matter experts
  • Repair estimate from an auto shop

This is not a comprehensive list of all types of evidence that may be available during your personal injury claim. Document anything you believe is relevant to your case – especially information that could prove another party’s liability for your accident. If you need assistance gathering evidence while you are in the hospital, contact an attorney.

When to Call an Attorney

Without the right evidence, you will not have grounds for a personal injury claim in California. Do not underestimate the importance of collecting evidence. Hire a personal injury lawyer in Orange County to help you meet the evidentiary standard. An attorney can immediately make calls and issue subpoenas to preserve key evidence, such as cellphone records and surveillance footage. Your attorney can create a case file to keep all claim information organized. When it is time to present your evidence, your lawyer can use advanced tools and technologies to make clear demonstrations. Contact an injury lawyer as soon as possible for assistance with evidence during a personal injury claim.

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