Gathering Evidence for a Personal Injury Case
In the US, only 5 percent of personal injury cases go to court on average. The other 95 percent of cases end in a settlement pre-trial. But just because your personal injury case likely won’t go to court doesn’t mean you don’t need to gather evidence to support your claim.
For example, during settlement negotiations, the insurance company can argue to lower the number of damages you get in your settlement.
That’s where having proper evidence is useful. You can use it to help prevent any attempts to deny you the settlement that you deserve.
Here, we use our knowledge of personal injury to share how to gather evidence for your personal injury case.
Often the police will show up at the scene of your accident without you needing to call them directly. If that doesn’t happen, then you must call the proper law enforcement to give an official report of the accident.
An official report can serve as a starting point to build your case. Although the report may not be conclusive, it can give a lot of evidence. You can ask for a copy of the accident report from the police or fire department and use it as evidence for your case.
Photo and Video Evidence
Either take photos or video of the scene of the accident or have another person do so for you. Do so without moving any evidence and before anything on the scene is cleaned up.
Although you may keep the photo and/or video evidence of your personal injury accident on your phone, don’t post it on any social media platform. Also, don’t post any opinions about the accident on social media.
Unless you are physically incapable, you must identify as many witnesses as possible following your accident. Collect their contact information and ask them to write down their recollection of the incident while it’s still fresh in their minds.
Memories naturally fade away with time, so documenting witness statements shortly after an accident will establish a record of their observations close in time to the incident.
Medical records or the lack of them can make or break your case. According to the Alabama legislature, you must file a statement of the manner of your injury, the damages you are claiming, and more when filing a personal injury claim.
If you don’t get medical attention following an accident, then you can’t give such information. Thus, you’ll be unable to seek compensation for your injuries.
Use Evidence to Support Your Personal Injury Case
Gathering evidence for a personal injury case may seem simple. But not gathering all the right evidence or failing to gather the right types of evidence can actually hurt your settlement.