Types of Evidence in Personal Injury Cases
After being hurt in an accident, you face the reality of needing to move forward with a personal injury claim, which means collecting evidence. Yet the prospect of going up against a sizable insurance company or heading to court is intimidating. With an attorney from Kisling, Nestico & Redick at your side, we can help you throughout the legal process.
You know in your heart someone caused your injuries and that you deserve compensation. However, now you must translate this understanding into an evidence-based case. To do this, you need documentation, testimony, and an experienced Ohio personal injury lawyer.
At Kisling, Nestico & Redick, we have years of experience helping individuals injured in accidents receive compensation through the insurance claims process or personal injury lawsuits. We will work with you to gather evidence in your favor and obtain the maximum compensation possible for your injuries.
To learn more about evidence in personal injury cases, contact KNR at 1-800-HURT-NOW.
Evidence in Personal Injury Cases
When you move forward with a personal injury claim, whether with an insurer or through a lawsuit, your attorney will need a great deal of evidence to prove the other party’s negligence, your injuries, and your economic and noneconomic injuries.
The most common types of evidence in personal injury cases include:
If you called the police after an accident or notified a business, then there will be a written report of the incident. An accident report will include a description of what happened, where, and when as well as witnesses’ names. If you believe there was a report for your accident, contact the police or the business to receive a copy. It can be helpful to bring this report to your consultation with an attorney. However, if you do not have it at that time, you should get a copy as soon as possible afterward.
Photographs and videos
You want visual evidence of what happened to you and where. If you, a witness, or the police took photographs of the accident immediately after it occurred, you will want to obtain copies of these. If there are surveillance or traffic cameras in the area, your attorney can work to get this footage. When there are no photos or videos of the actual accident, your attorney may recommend getting pictures of where the accident occurred to use during an insurance claim or trial. These can be essential to proving what happened and your injuries. These visuals also help the jury understand how traumatic the incident was.
During a personal injury case, one of the necessary elements to prove to an insurer or court is that you suffered compensable injuries. Your medical records regarding the incident will be essential to your case. They are evidence of the type and extent of physical injuries you suffered. An insurer may try to retrieve your older medical records to see if your current injuries are linked to a past condition or incident. However, your attorney will protect your privacy and try and limit the records the insurer has access to.
In addition to proving you suffered injuries, you must demonstrate your economic injuries, including everything you have paid related to your injuries. You will need to keep careful records of your medical expenses, including hospital and rehabilitation bills, related transportation costs, and at-home care and medical device receipts.
Your economic injuries go further than medical expenses. When an accident keeps you out of work for weeks or months or results in a permanent disability leaving you unable to work, then you suffer lost wages and a reduced earning potential. Your financial documents like W2’s and pay stubs will help you prove the income you never received and now never will because of the accident.
If you are fighting to obtain compensation from your own insurer, your attorney will want to see a copy of your policy with this company. Your right to recover compensation from your insurer heavily depends on this contract.
Your personal injury claim relies on the allegation that another individual or business was negligent. While various evidence will support this claim, your and other eye witnesses’ testimony helps prove another person’s actions fell short of what they should have been. Your attorney will review other witnesses’ testimony and so long as it closely corresponds to yours, it can be used during your insurance claim or lawsuit. If a person’s story is not the same as yours, your attorney will have to address the differences otherwise it could hurt your chance of success.
Expert witnesses are often essential during personal injury cases. Expert witnesses are professionals who are highly trained and experienced in a specific field. They are hired to review the evidence within your case and provide their objective opinion. A medical expert can provide an opinion about your injuries. A financial expert can calculate your reduced earning potential. An accident reconstructionist can explain how the accident occurred and who was likely at fault.
Contact Our Ohio Personal Injury Attorneys Today
After suffering injuries in an accident caused by someone else’s carelessness, recklessness, or intentional wrongdoing, you and your attorney we need to work together to gather evidence of that person’s conduct and your right to recover compensation from them or their employer. You may have evidence you can provide directly while your attorney may need to use the discovery process during a lawsuit to obtain documentation from other entities and gather other people’s statements.
The process of investigating the accident and gathering evidence can take weeks or months. It may be the longest part of a personal injury insurance claim or lawsuit. That is why it is essential that you work with an experienced Ohio personal injury attorney who knows how to efficiently gather the paperwork, photographs, and testimony you need.