Personal injury claims arise from a variety of different types of accidents. Whether it's a car accident, slip and fall incident or any injury resulting from someone else’s reckless or negligent behavior, a personal injury claim requires a solid amount of evidence to prove your injuries and the liability of the at-fault party.
In order to be successful in your personal injury claim, your case should include solid evidence that proves the other person’s negligence is responsible for the accident and your injuries. Oftentimes, personal injury cases with a rock solid amount of evidence can be resolved more quickly than one that lacks much backup to the claim. Or, what you initially believed was a lot of evidence turns out to be not enough to move your case along quickly or easily. Even worse, the insurance company may claim that the accident was partly your fault and you need to gather enough evidence to prove otherwise in your personal injury claim.
Evidence to Gather at the Scene of the Accident
After any accident, the first priority should be to get any injured victims immediate medical treatment. Only if it’s possible and safe to do so, try to gather evidence at the scene of the accident such as:
Photographs and Videos
Using your phone to take pictures or video of the accident scene is a good way to gather evidence for a personal injury claim. Take as many pictures as needed. For a car accident, try to capture damage to all vehicles involved as well as road and weather conditions. If you fell or were injured in a place of business, take pictures of any hazards that may have contributed to the accident. Try to also capture any warning signs – or lack thereof.
Regardless of the type of accident, take pictures of your injuries in the immediate aftermath of the incident. Continue to document your injuries through photographs as you recover.
Contact and Insurance Information
If you’ve been in a car accident, you’re required by law to exchange contact information. You’re not only complying with the law, you’re also putting yourself in the best possible position to be able to file a claim and recoup losses from the accident. There are three types of information that will be important to try to collect after a car accident -- contact information for all other drivers, passengers and witnesses; vehicle information; car insurance information.
For other types of injuries and accidents, collect contact information for the manager or owner of a store, their insurance policy details. Witness testimony can also help to bolster your personal injury claim. Make sure to collect witness contact information, if possible.
Critical Evidence to Prove Your Personal Injury Claim
Beyond the scene of the accident, there are other types of evidence that may prove critical to your personal injury claim.
Medical Evidence
Medical documentation and records are an important piece of evidence in your personal injury claim. Keep in mind that the other party’s insurance company or attorneys may ask for copies of your medical records. You and your attorney should review any records or records request before handing them over to the insurance company.
Electronic Evidence
Many businesses have cameras set-up in their establishment recording what’s going within the business or outside the premises. It may even be possible that a nearby business or municipality may have video footage of the incident.
Many types of evidence from a car accident can be collected in electronic form. Most newer automobiles in the United States are equipped with an event data recorder (EDR) which can measure and capture such information as vehicle speed, the rate of acceleration and deceleration, steering angle, and brake application.
Expert Witnesses
There are many types of subject matters for which expert witnesses can be used in personal injury cases. Some experts could be used to prove the injured victim’s injuries, medical treatment and expected outcome, others may offer testimony related to liability and how the accident occurred while other subject matter experts may provide information to estimate future losses.
Police Reports
Don’t hesitate to contact the police after any accident. Most people would call the police after a car accident but the same goes for a slip and fall incident or other type of accident. For car accidents, many states require that you file a report, at a minimum. Under New Jersey law, if a driver is involved in a car accident, he or she is required to report it to law enforcement if the crash involved more than $500 of property damage. In New York, the threshold is $1000 worth of damage and/or any injury or fatality. You can request a copy of the report from the state police or the municipality in which the accident happened.
Talk to the Personal Injury Lawyers at Brandon J. Broderick, Attorney at Law
Witness statements, police reports, electronic evidence, and medical records are all highly effective and typical types of evidence in a personal injury claim. Our top-rated personal injury lawyers will review the evidence at hand at the onset of the case and may also further build the case by collecting more evidence. We have decades of experience championing for our clients and succeeding, even when other attorneys say there is no case and insurance adjusters deny or devalue your claim.
At Brandon J. Broderick, Attorney at Law, we believe in exceptional client care, empathy, and results. With offices in New Jersey, New York, Connecticut and Florida, we’ve got you covered. We’ve helped people just like you move forward after sustaining an injury that was caused by another’s negligence. Contact us today for a free consultation.