After an accident resulting in serious injury, you may feel helpless and hopeless. Perhaps you’re dealing with mounting medical debt and are unable to work, all while insurance companies are giving you the runaround. You need help pursuing a personal injury claim to cover your costs and make you whole again.
An experienced lawyer can steer you through the tricky waters of a vehicle collision or premises liability case, providing sound advice and legal support. However, you must still gather evidence to support your claim. What type of evidence will give you the edge when negotiating a settlement?
Documentation of Injuries and Costs
When you’re injured in a car accident or a slip and fall incident, your settlement should cover your out-of-pocket expenses, at the very least. This includes current and anticipated medical costs related to the accident.
To prove these losses, you’ll provide medical records that detail the extent of your injuries, treatments you’ve already received, and your treatment plan moving forward. You should also provide an estimate of anticipated future treatment costs. Your lawyer can work with a medical expert to create this estimate.
Proof of Additional Economic Losses
In addition to medical expenses, many injured people take another large financial hit: lost income and earning potential. The amount of this loss will depend on your job, the severity of your injuries, and your recovery outlook.
To win full compensation, you must supply evidence like pay stubs or tax returns showing your earnings before your accident. A letter from your employer could also help support a claim for loss of earning potential.
Photos and Video From the Scene
Some of the most important evidence in a personal injury claim comes from the scene of the accident. Gathering photographs and videos, either on your own or with help from witnesses, can corroborate your version of events and help you prove fault.
Whether you’re involved in a car crash or a dog bite incident, take photos and videos of the accident scene, your injuries, property damage, and the other people involved, if you can. Surveillance footage from nearby businesses or homes could provide a view of the event as it occurred.
Corroboration From First-Hand Witnesses
Collect contact information from witnesses to the accident. While your recollection of the accident can be colored by the trauma of being in the middle of events, witness statements offer an objective view of what occurred and who was at fault.
Any witness accounts supporting your version of events will provide additional leverage as you negotiate for a settlement or try to prove your case in court.
Official Reports That Help Determine Fault
An official accident or incident report will include details like who was involved and what they reported at the time of the accident. It may or may not cite one or more parties as being at fault. A police report will also include pertinent observations by officers who responded to the incident.
In Texas, you can visit the local police department where a car accident occurred to request a copy of the crash report. Alternatively, you can purchase one online from the Texas Department of Transportation (TxDOT). Reports must be filed for any collisions resulting in injury, death, or damage costing $1,000 or more. If needed, your personal injury attorney can help you obtain the official report.
Expert Witness Testimony
Expert witnesses are professionals who have special knowledge, experience, or proficiency in a topic and are willing to provide their testimony in court. In a personal injury case, these witnesses could include:
- Medical Experts: To speak about injuries and treatments
- Accident Reconstruction Specialists: To recreate the scene of the crash
- Economic Analysts: To clarify financial impacts, such as loss of earning potential
The best personal injury lawyers have built relationships with reliable expert witnesses. They can call on these witnesses to review your case and, if appropriate, testify in support of your version of events.
A Journal Documenting Your Recovery
Medical bills and lost wages aren’t the only losses associated with personal injury claims. Your injury can impact your quality of life, whether temporarily or permanently.
Journal entries that document physical limitations, pain levels, and the emotional and social effects of your injury can serve as important evidence for determining the value of your non-economic losses. They could provide leverage during negotiations and have a considerable impact on a judge or jury if you go to trial.
FAQs
Can I Still Pursue a Personal Injury Claim in Texas if I’m Partially at Fault?
Texas law states that you cannot seek damages in a civil claim if you are more than 50% at fault. If you are eligible to seek compensation, any award you receive will be reduced proportionately to the percentage of fault assigned to you.
Why Is It Important to Gather Evidence?
The more evidence you have to support your compensation claim, the more leverage you have to negotiate with the insurance company for a fair settlement or prove your case at trial.
Can My Lawyer Help Me Gather Evidence?
While you will probably gather some evidence before hiring a personal injury attorney, your attorney can help you compile and present the evidence needed to negotiate a settlement or build a case for trial.
Building a Case for Your Personal Injury Claim
Insurance companies aren’t in the habit of handing out money. They may try every tactic to delay or deny your claim, hoping you’ll give up or accept a lowball settlement offer. Personal injury lawyers can help you gather evidence like medical records, accident reports, photos, videos, and witness statements that support your claim.
Have you suffered an injury in an accident that wasn’t your fault? Contact Ramsey Law Group to schedule a free consultation with a qualified and caring personal injury attorney.