The evidence you need in a personal injury case will depend on the type of case and the evidence you need to overcome the defendant’s version of events. In a personal injury claim in California, the plaintiff (victim) has the burden of proving that the defendant was responsible for the accident and the resulting damages. You may be able to meet this evidentiary burden with evidence such as:
Accident Reports
If you were injured in a car accident or slipped and fell in a store, you might have reported the accident to the authorities or the party responsible for the accident. The accident report may contain useful information, such as:
- The parties involved
- The exact date, time, and location of the accident
- Statements from the parties involved and any witnesses
- The nature of your injuries
- Relevant road, weather, or property conditions
- Diagrams of the accident
- An initial assessment of fault
- Whether any traffic citations were issued
Videos or Photos of the Accident
Today, there are cameras everywhere: traffic cameras to track when drivers run a red light, dashcams that might record traffic accidents, surveillance cameras in businesses, and cell phones that bystanders might use to record an accident. These videos may contain critical details regarding the accident and its cause.
In other situations, accident victims or others might use their cell phones to take pictures of the accident scene.
Medical Records
It is crucial to seek immediate medical attention after an accident that wasn’t your fault. This helps protect your health, as well as your legal claim. When you seek treatment, explain that you were injured in an accident so that your injuries are directly linked to the accident and not some other unknown cause.
Witness Statements
Insurance companies and juries often put a lot of emphasis on statements from objective witnesses who don’t have a stake in the case. Their testimony may be enough to tilt the scales if the parties have very different versions of how the accident occurred.
Expert Witness Testimony
Some cases may require expert witnesses to explain more complex details about a case, such as how the accident occurred, how the injuries will likely affect the victim, and the economic impact of the accident. In these situations, accident reconstruction experts, medical expert witnesses, and economic experts, respectively, may help explain this information.
Documentation of Damages
Damages are the losses that you suffer because of the accident and have a legal right to pursue compensation for. Documentation can help establish the existence and value of these losses, such as:
- Medical bills that show how much you have paid and still need to pay your medical providers
- Check stubs and letters from your employer that show how much income you lost due to your injuries
- Property repair bills and invoices
- Receipts for rental cars, rideshares, and bus tickets
Contact Us for Help Gathering Strong Evidence for Your Case
If you were injured in an accident that was someone else’s fault, the experienced legal team at the Miller & Steele Law Firm can help gather evidence to prove your case. Contact us today at (760) 439-2210 for a free case review.