Evidence In Injury Claims

EVIDENCE-scaledSuppose that you were severely injured because of another’s carelessness or recklessness. You may wonder how much evidence you need to win your personal injury lawsuit. Under New York law, plaintiffs in personal injury cases have the burden of proof. In other words, for the defendant to be held legally responsible, you must prove that they were negligent. Considering that insurance adjusters and jury members were not at the accident scene, your lawyer must use evidence to demonstrate your version of events. The outcome of your case will be highly contingent upon the quality of evidence you can provide. The more evidence your attorney has to substantiate the case, the higher your chances are of reaching a reasonable settlement or winning in court. 

 What Type Of Evidence Will Support My Case?

The first couple of hours and days following your accident are crucial for collecting and preserving evidence. Gathering evidence can seem stressful and daunting, especially if you need help knowing where to begin. Uncollected evidence can easily get lost or destroyed. Therefore, immediately after any accident, try to amass as much evidence as possible. Some common forms of evidence frequently used in personal injury lawsuits include:

  1. Photographs: Use your smartphone and take pictures of your injuries, property damage, other parties involved, the scene of the accident, and any factors that may have contributed to your injuries. Try and take pictures from various viewpoints, distances, and angles. 
  2. Video Clips: Video footage of the aftereffects of your accident can be even more influential than pictures. Recording videos on your smartphone is especially beneficial when the defendant asserts an affirmative defense.
  3. Bystanders: Anyone in the vicinity that may have observed your accident has the potential to serve as a witness. Witnesses tend to disappear quickly, so asking for all bystanders’ names and contact information is imperative. 
  4. Surveillance Footage: Like witness testimony, security videos can show why or how an accident occurred.
  5. Expert Witnesses: In more complicated cases, attorneys typically retain experts to testify and support the claim.
  6. Physical Evidence: Numerous types of physical evidence can be used depending on your accident.
  7. Accident Reports: Police Accident Reports are often invaluable tools that can show the cause of your accident and fault. 
  8. Hospital Records: Medical records written by healthcare providers to detail the treatment that you received for your injuries, such as emergency room admittance charts, X-rays, physical examinations, and lab test results. Additionally, medical bills can verify the cost of your medical care.

Our Elite Personal Injury Attorneys Fight For The People Of Western New York And Beyond!

The Dietrich Law Firm P.C.’s veteran litigators have decades of practice helping accident victims recover fully. Our highly qualified investigators will work around the clock to obtain the evidence we need to build the most convincing case and get you the maximum compensation. Please do not hesitate to schedule your complimentary, no-obligation consultation and case evaluation with us. Jed Dietrich, Esq. is available 24/7 by dialing 716-839-3939 or completing the online consultation form.

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