Under New York law, victims carry the burden of proof in lawsuits. In other words, to hold the other party responsible for your damages, you must first prove that their negligence caused your injuries. This means that you will need to present evidence to support your claims. As a general rule, the more evidence your attorney has to support your claim, the better the result you can expect. However, collecting evidence can be overwhelming, especially if you need help knowing where to start. The first few hours and days after an accident are often the most significant regarding the assembly and preservation of proof. When evidence remains uncollected or preserved for too long, it can easily get lost, forgotten, or destroyed.
Types Of Evidence Used In Personal Injury Lawsuits
The outcome of a case is highly contingent on the quality of your evidence. Inadequate evidence can dramatically decrease settlement offers or even lose the case altogether. Since insurance adjusters and jurors did not witness the accident, your attorney must use evidence to tell your side of the story. Jed Dietrich, Esq. recommends collecting the following evidence:
- Police Accident Report or Incident Report: Before leaving the scene of a car crash, call the police and ask the officer to fill out a police report. Alternatively, request the manager to complete an incident report if you are at a restaurant or store.
- Photos: As Henrik Ibsen famously stated, “A picture is worth a thousand words.” Use your smartphone to take photographs of the scene of the accident, your injuries, damage to property, other parties involved, and any conditions that contributed to the mishap.
- Videos: Recording a video of an accident’s aftermath can be as powerful as taking pictures. Video footage can be beneficial if the defendant contests the cause of your injuries.
- Physical Evidence: Depending on your accident, this type of evidence can be just about anything tangible. For example, if you were hit by a car while bicycling, your damaged helmet could be used to show that your head hit the pavement.
- Talk to Witnesses: Try to find anyone in the area that may have seen your accident. Ask for their names and contact information so that they can confirm your version of events.
- Hospital Records: After suffering injuries, your priority should be obtaining medical assistance. Documents, such as ambulance call reports, emergency room admittance charts, physical examinations, and test results, will officially record your injuries.
Hire A Top Rated Buffalo Personal Injury Lawyer To Investigate Your Accident
The Dietrich Law Firm P.C.’s battle-tested litigators have decades of experience helping victims of tragic accidents reclaim their lives. Our expert investigators will work relentlessly to gather evidence to build the strongest possible case and obtain the maximum compensation for your damages. Our seasoned team is available twenty-four-seven by calling 716-839-3939 or completing the online consultation form. Do not wait any longer to get your free, no-obligation consultation and case assessment with Jed Dietrich, Esq., acclaimed as an American Institute of Trial Lawyers Litigator of the Year.