Collecting Evidence for a Personal Injury Claim

personal injury-evidence

Documented evidence is essential to file a personal injury claim. If you, or someone you love, have been involved in an accident caused by someone else’s negligence or actual intent to harm, you will need plenty of evidence to support your claim and get compensated. It is also necessary to work quickly, gathering as much evidence as possible if a statute of limitations exists. A Tampa personal injury attorney can help you obtain all the evidence you need, like medical records, police reports, or proof of lost wages, and recover full compensation for the injuries sustained in the accident.

Negligence cannot be speculated. In Florida, to prove a personal injury claim, each element of negligence must be proven. This means that there must be evidence for each element of negligence to be proven.

In Florida, the plaintiff must show in court that the accident was “more likely than not” caused by the defendant’s negligence.

The same goes for proving damages. Damages cannot be presumed. Evidence is needed.

Physical Evidence

You should collect enough evidence and keep it safe. Sometimes evidence can get lost before a case is resolved. To prove your injuries’ severity, you can use evidence, such as damaged belongings or shredded clothes.

Eyewitness

Tangible physical evidence is more substantial than eyewitness testimony; however, it can be beneficial in a personal injury case. The physical evidence may support or contradict the statements of the people involved in the accident.

Photographs

Photographic evidence can be used to your advantage in the unfortunate case that physical evidence is lost. After an accident occurs, it is essential to take pictures capturing the scene and the injuries. You can use your phone’s camera or a digital camera and take as many pictures as you can from different points of view and various angles so that the level of the injuries and the accident’s nature can be proven.

If you need to take photos on private property, it is preferable to ask the owners’ permission. In case they say no to access the area, you should record down the denial and keep their contact details. It would be best if you informed the insurance agent why you were unable to take photos and demand permission to enter the accident area to do so. You should be allowed to gather the evidence you need to support your case.

The original digital files of the photographs include the time and date when they were saved. Otherwise, if you process them, you have to remember to include timestamps.

Evidence of Injuries

Further to the pictures of the scene, it would help if you took pictures of your injuries. Despite how serious they are, any wounds, burns, or scratches captured in photos will help you build your case.

Additionally, you will need any medical records stating in detail the extent of your injuries and the medical treatment given to you. If there is an ongoing therapy, it should be included too. Receipts of your medical expenses showing the financial loss caused by the accident will also help to get compensated.

Return to the Scene of the Accident

Right after you get medical treatment for your injuries, it is crucial to return to the place of the accident. Even a small detail can play a significant role in building your case and recover your damages.

You may have the impression that you clearly remember the scene and the circumstances that caused the accident; however, you might be surprised by what you could observe at the location afterward.

  • Road defects that may have caused the accident, like a pothole
  • Broken traffic signals
  • People that witnessed the accident
  • Video cameras – with the assistance of a personal injury attorney, you might be able to request footage from that camera

The police reports can also support all this evidence from the accident scene.

Get Advice From A Personal Injury Lawyer

If you or someone you love were involved in an accident caused by someone else’s negligence, you need to gather as much evidence as possible to support your claim. You will need to support your claim with strong evidence that the other party’s negligence caused the accident. A personal injury attorney may be able to help you obtain the proof you are struggling to collect, like police reports or medical records, and recover full compensation for your injuries and losses.

Call us today for a free case evaluation from one of our experienced personal injury lawyers at Winters & Yonker law firm.

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