What Evidence Can Help a Personal Injury Claim

Evidence can make or break a personal injury lawsuit.

If you sue, the burden of proof is on you. This means that, when you take your case to court, it is your responsibility to convince the judge and jury that another person’s negligence was the direct cause of your accident. Without the right evidence, your claim could collapse.

Sometimes judges let accident victims re-file, but making too many mistakes can come at a steep cost. In a worst-case scenario, a failed lawsuit could be dismissed with prejudice, preventing you from trying to take any further legal action.

You do not have to take chances with your rights.

A recognized U.S. News & World Report Best Law Firm, the Dietrich Law Firm P.C. has spent decades filing, fighting, and winning high-stakes personal injury claims. We know what it takes to build a strong, evidence-based case for compensation, and we have the results to prove it. If you think you could have a claim, contact us today at 1-716-839-3939 to speak to a personal injury lawyer and schedule your 100% free, no-obligation consultation as soon as possible.

The Elements Of A Car Crash Claim

If you file a personal injury lawsuit, you will be expected to meet certain criteria.

Under most circumstances, you can only win a car accident claim if you can establish all of the following elements:

1. The at-fault driver owed you a duty of care;
2. The at-fault driver breached their duty of care by acting negligently;
3. The at-fault driver’s negligence was the cause of your accident;
4. You were seriously injured as the direct result of the crash; and
5. You sustained damages that can be compensated by a New York Supreme Court.

Proving any of these elements could seem like a simple task, but each requires very specific types of evidence. You might have dash-cam footage showing that another driver merged into you. This could help establish causation, but it does not prove that the other driver owed you a duty of care or that your injuries were necessarily caused by the resulting collision.

The Most Common Types Of Evidence In A Personal Injury Lawsuit

Without the right evidence, you cannot prove causation, verify your injuries, or assess your damages.

However, even though obtaining high-quality evidence is of the utmost importance, knowing which types of evidence to prioritize and which to leave to your lawyer can be surprisingly difficult.

This does not mean that you cannot take action before talking to an attorney. You can protect your rights today by making an effort to preserve any pertinent evidence you already have. This could include, but is not limited to, the following:

1. Pictures of your damaged vehicle;
2. Photographs of your injuries;
3. Dash-cam footage or a surveillance camera recording;
4. Your medical records, including any diagnostic reports, medication prescriptions, and specialist referrals;
5. Receipts showing the money you have already spent on expenses like hospital parking, co-pays, and physical therapy; and
6. The names, phone numbers, and other contact information of anyone you know who may have witnessed the accident.

Personal injury lawyers usually investigate accidents as part of the personal injury lawsuit process. Your attorney could help you interpret the evidence you already have, secure records currently under the defendant’s control, and ensure that you do not get taken for a ride when it comes time to negotiate a settlement.

If you think you could have a case, call Jed Dietrich, Esq, today at 1-716-839-3939 to speak to a personal injury lawyer and schedule your 100% free, no-obligation consultation as soon as possible.