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How Do Personal Injury Lawyers Gather Evidence?

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Posted: 30th May 2023 by
Lawyer Monthly
Last updated 2nd August 2024
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Whether you were involved in a car accident, injured on the job, or suffered harm due to a defective product you may be able to file a personal injury claim.

However, first things first, the evidence must be collected. 

It is important to understand the process of filing a claim, the legal requirements, and the potential outcome to determine if it is the right course of action for you. In this article, we will explore the best types of evidence to collect to ensure a successful personal injury claim.

Evidence From the Accident Scene

When it comes to gathering physical evidence after an accident, you must revisit the scene of the incident. Even if weeks have passed since the incident occurred, there may be some crucial details you may have missed the first time. 

It is always a good idea to thoroughly investigate the site to collect any physical evidence that can support your side of the case. One important factor to consider is to look for any cameras in the area, including store security cameras or even traffic cameras, which could have captured the accident as it happened. Make a note of their location and try to obtain the footage from the authorities. 

Any physical evidence, including photographs, video evidence, or eyewitness statements, can go a long way in establishing your case and supporting your claim. By gathering as much physical evidence as possible, you are setting yourself up for a stronger case to ensure justice is served.

Police Reports

After an accident, it is crucial to obtain a police report number from the responding officers. This number serves as a reference for any future claims or legal proceedings related to the incident. Police reports may not always be admissible in court, but they can contain significant information that can help in negotiations to settle claims. 

For instance, if the police report documents that the other driver was ticketed for running a red light, it can be useful in establishing fault. Additionally, if anyone involved in the accident needed medical attention, the police report will include details on whether an ambulance or other emergency services were required. 

To obtain a copy of the police report, one can contact the police station in the municipality where the accident occurred. Additionally, a Southfield personal injury lawyer may be able to help obtain a copy of your accident's police report. 

Witness Statements

When it comes to witness testimony, it's always important to gather as much information as possible. If witnesses were present at the scene, make sure to obtain their names and contact information. This is vital, as their statements can help corroborate your version of events in the event of a lawsuit. 

Moreover, witnesses who are objective observers rather than friends or relatives can provide more credible testimony. Once the police arrive, point out the witnesses so they can take their statements. It's important to note that the more detailed the witness statements are, the more valuable they are when it comes to establishing what happened. 

Make sure that the witnesses provide as much detail as possible, such as descriptions of people involved, the location of the incident, time of day, weather conditions, and any other relevant factors that may have contributed to the event. 

Evidence of Damages

One of the most critical pieces of evidence is medical records, which document medical treatment immediately after the incident and any subsequent medical procedures. These medical records must cover doctor visits, hospitalizations, surgeries, tests, and rehabilitative therapy the victim or plaintiff undergoes. 

These records establish the fact, extent, and cost of the injuries resulting from the accident. They can also provide insights into the injured party's long-term health prognosis and the course of treatment required to address the injuries. Medical records, therefore, are fundamental in a car accident lawsuit since they are concrete evidence of the physical harm suffered by the victim.

Expert witness testimony can be crucial in determining the value of a car accident settlement. Lawyers may call on physicians or other professionals to provide testimony related to their client's injuries and the potential impact these injuries may have on their lives in the long term. 

It is important to note that non-economic damages, such as pain and suffering, often make up a significant portion of a settlement, despite the difficulty in placing a specific dollar value on these intangible losses. 

This is where your lawyer's skills and knowledge can make a difference. They can help ensure that the full extent of the impact of the accident on your life is fully documented and taken into account during settlement negotiations. This includes the physical pain and suffering you may be experiencing and the emotional distress that often accompanies such traumatic events. 

Your lawyer may also be able to demonstrate that the accident has had negative consequences for other family members, which can further justify additional compensation. 

Ready to File a Successful Personal Injury Claim?

Filing a successful personal injury claim requires careful consideration of all the factors involved. It is essential to gather all relevant evidence, such as medical records and witness statements, and work with an experienced personal injury attorney to build a strong case.

By taking the necessary steps and working with the right legal team, you can maximize your chances of a successful outcome in your personal injury case. Don't wait to take action if you've been injured due to someone else's negligence, get started collecting beneficial evidence as soon as possible. 

 

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