Evidence gives you leverage for your personal injury case.

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Call: 855-702-9061
Text: 817-203-0260

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What evidence is needed to build a strong personal injury case?

The first few days immediately following an accident are often the most important for finding and preserving evidence of what happened — and for documenting your injuries. An experienced personal injury lawyer can help from the start by identifying, gathering and preserving evidence necessary to support your case.

Evidence and the burden of proof.

The burden of proof in a personal injury case lies with the person seeking damages. This means that the injured party, or plaintiff, is required to prove that the other party was at fault in causing the accident and that the plaintiff suffered injury and damages as a result.

In order to meet the burden of proof your lawyer will need to substantiate your claims with evidence that supports your version of events and establishes your injuries and damages. Evidence will also allow your lawyer to assign financial value to your claim.

Types of evidence.

Below we’ve created a general list of types of evidence that may be used in support of a personal injury claim.

If you were injured in an accident and believe you have a claim for compensation, the lawyers at McDonald Law Firm have experience negotiating and litigating personal injury cases and will be able to help you identify and gather the specific evidence needed to support your claim.

Photos and Videos

Photos and videos help document that your injuries and damage were real, even after you’ve healed or the damages have been repaired. If possible, and only if it can be accomplished without risk of additional injury, you or a passenger should take pictures or video at the scene of the accident and at the hospital.

If able, document:

Property damage
Road conditions
Accident debris
People present

Testimonial Evidence

In order to prove your claim, your lawyer will need to develop a complete and accurate narrative, or story of your accident. This can be done through victim and witness statements.

Victim statements

Your lawyer will start by getting a detailed account of the accident as you remember it. It is very important that you do not make any statements about your accident to the other party’s insurance provider before speaking with your lawyer. If you have made an official statement about your accident, let your lawyer know who you spoke with and what you said.

Witness statements

Your lawyer will also want to speak with anyone else who may have seen or heard the accident and have them document their version of events on video or in writing. Witness testimony that matches yours will help strengthen your case. If there is contradictory witness testimony, your lawyer can determine the reason for the contradiction and may be able identify other witnesses to support your version of events.

Expert witness statements

Some accident claims need additional support in the form of expert testimony by individuals who can offer professional opinions about the accident, injuries or damages. Experts may include doctors, engineers or other specialists.

Insurance Information

Insurance policy information lets your lawyer determine the extent of both your insurance coverage and the other party’s.

Your policy’s declaration page
The other party’s insurance policy
The other party’s declaration page

Evidence of Your Injuries

Medical evidence documents the extent of your injuries and scope of your treatment so that your lawyer will be able to determine the amount of compensation you should be entitled to. Medical evidence may include:

Medical Records

Medical charts and reports
Physician notes
Treatments and procedures
Test results
Diagnosis and prognosis

Treatment Plans

Medical equipment
Permanent disability
Ongoing care

Other Medical

Medical history
Medical estimates
Medical bills
Medical receipts

Evidence of Negligence or Recklessness

Impaired driving

Drug or blood alcohol reports
Receipts from bars or restaurants visited
Empty containers at the crash scene

Reckless driving

Past driving records
Traffic violations, citations or accidents

Distracted driving

Phone or text records
History of road rage

Vehicle maintenance or disrepair

Inspection and service history
Vehicle manufacturer recall records

Evidence of Lost Wages (Past & Future)

Copies of your wage or salary history will help your lawyer demonstrate your financial losses and calculate any future losses if you are unable to return to work or hold the same position as before the accident.

Employer documentation of missed work
Pay stubs, W2s, tax returns

Evidence of Other Damages

Receipts or estimates for any costs you’ve had to incur as a result of the accident will help your lawyer demonstrate additional financial value for your claim.

Vehicle repair or replacement estimates, bills and insurance deductibles
Rental vehicle or alternative transportation expenses
Travel expenses for family to come care for you after your accident
Modifications or renovations to your home or auto to accommodate your disability

If you believe you have a potential personal injury case and would like to learn more about your legal options, contact our firm today at 855-702-9061 or complete the form on this page.

Remember, evidence gives you leverage.

It’s important to contact an attorney as quickly as possible after an accident in order to preserve any potential evidence. Your lawyer will gather as much evidence as possible in order to build the strongest case on your behalf.

Let’s talk.

Call: 855-702-9061
Text: 817-203-0260

  • This field is for validation purposes and should be left unchanged.
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