When someone else has harmed you, either through negligence or wrongful behavior, you probably know that you can go after that person through the personal injury claim process. Filing a claim or lawsuit is simple in theory, but there are many steps that must be completed in order for you to win your claim and receive a settlement.
One of the important steps in the personal injury claim process is collecting evidence. Evidence is used in all types of cases, from traffic violations to criminal cases. You will need evidence in order to strengthen your case. Obviously, the more evidence you have, the stronger your case will be.
With personal injury cases, there are two main types of evidence you will need to collect: proof of fault and proof of damages.
Proof of Fault
Proof of fault is any evidence that clearly shows the negligence or wrongful actions of the person who hurt you or who caused the accident. There is no right or wrong evidence, but there are some pieces of evidence that are commonly used to prove personal injury cases. For example, a vehicle accident often has the following evidence:
- Statements from witnesses
- Crash report
- Photo and video evidence of the crash scene or a crash in progress
- Physical damage of vehicle
- Recall information
Other types of evidence used to prove other injury cases: medical expert testimony, expert testimony and reports, logs, documentation, and physical evidence.
Proof of fault is vital to winning a personal injury claim. Unless you can prove fault, you likely don’t have a case.
Proof of Damages
The second type of evidence you will need for your personal injury case is proof of damages. Damages are ways in which your life was impacted due to your accident. For instance, your pain, lost wages, mental trauma, medical bills, and physical therapy treatment expenses are examples of damages.
Some damages are easy enough to prove. Grab those medical bills, gather them into a pile, and get out your calculator. Other damages are a little more difficult.
For instance, how can you prove pain? One way to prove pain is to document the seriousness of your injuries. Photos of your injuries can demonstrate how serious the injuries are, which can paint a picture in the minds of the insurance adjusters or a jury that would hear your case if it went to trial. You could also keep a journal of your pain each day on a scale of one to ten.
Partner with a Personal Injury Attorney
Proving a personal injury case can be a difficult task, but it’s much easier when you have a lot of evidence and a good attorney. When you work with a personal injury attorney, they could assist you in finding evidence that can prove your claim. They could also help you put your claim together.
You need a strong claim if you hope to win a settlement. Reach out to the Law Offices of Michael Cordova to speak with a lawyer during a free case review. Call 602-265-6700 or complete the online contact form down below.