If you get hurt in an accident that someone else caused, you may be entitled to recover damages from the at-fault party. However, that person or their insurance company is not going to just hand over the money. You will have to provide evidence that proves their liability and your damages.
Typically, the more evidence you have to prove your claim, the more likely you will be successful in obtaining a financial recovery. There are many types of evidence that may be used to prove your case, so dive into all the details to learn more.
Common Types of Evidence in Personal Injury Claims
In a personal injury claim, strong evidence is essential to prove that another party’s negligence caused your injuries.
Below are some of the most common forms of evidence.
Accident Reports
Police reports and accident reports are commonly used as evidence in car accident claims. This can be a great piece of evidence because the information contained in the report is from an objective third-party. The officer who arrives at the scene of the crash will typically conduct an initial investigation and identify the party they believe is at fault.
If you need to get a copy of a police report, you will typically contact the police agency that responded to your accident. In Peoria, you can contact the Records Department at the Peoria Police Department.
Photos and Videos
Photos and video footage can be crucial to proving both who caused your accident as well as the extent of your injuries. If you are able to take photos at the scene, snap as many pictures as you can. Get pictures of all the vehicles involved as well as the surrounding area of the scene itself.
Additionally, photos can be used to document your injuries and your recovery process. Photos at different stages of your recovery can be used to show an insurance adjuster just how long your recovery took.
Medical Records
Medical records provide some of the most important evidence in any personal injury case. Your medical records are used to prove the nature and severity of your injuries. They can also be used to show that the accident was directly responsible for causing your injuries.
Some important records include:
- Emergency room treatment
- Follow-up visits
- Physical therapy records
- X-rays or other diagnostic images
- Psychological or counseling records
- Medical bills and receipts
Keeping all your medical records organized and in a central location will make the process of proving your personal injury claim much easier and quicker.
Witness Statements
In some cases, an eyewitness may have seen exactly what happened to cause your accident. Having a third-party witness testify about what they saw can help to bolster your claim and prove your case. If you are able, go ahead and obtain contact information from any witnesses who may be present at the scene.
Records from Your Employer
Proving the value of your lost wages after an accident is usually done through employment records.
This may include:
- Paystubs
- Timesheets
- Employer statements
Your employer might also be able to show that you were forced to take a less physically demanding job because of your injuries and that you received less pay because of it.
“Day in the Life” Journals
Sometimes called pain journals, these detailed notes that you keep on your own can be a great way to prove the amount of pain and suffering you endured after your accident. Track your daily pain levels and record details about how your daily life activities have been affected. These records can be used as evidence, and they can help paint a picture for a judge or jury who may be listening to your case.
How Much Evidence Do I Need?
You may be wondering exactly how much evidence you need to prove your case. For most personal injury claims, you must prove your case by a preponderance of the evidence. This means that you must have enough evidence to prove that your claim is more likely to be true than not.
A preponderance of the evidence is considered to be the lowest evidentiary standard. You need just enough evidence to tip the scales in your favor. If you think of all the evidence in the case as equal to 100%, then at least 51% of that evidence needs to support your claim for you to win.
Talk to a Peoria Personal Injury Lawyer Today for Help
Gathering evidence and proving a personal injury claim may seem like a daunting task for many people. Thankfully, there is an easy way for you to get help. At Joel E. Brown, P.C., we know exactly what it takes to prove and win personal injury cases. Contact us today at (309) 673-4357 to schedule a free consultation with a Peoria personal injury lawyer who can help with your case from start to finish.
