Evidence is key to establishing a personal injury case. Strong evidence has the potential to convince the insurance company to accept a claim, result in a larger payout, or convince a jury of the merits of your case. As the plaintiff in a personal injury case, you have the burden of proving that the events are more likely than not as you allege.
Evidence can help establish liability, demonstrate damages, and mitigate your own degree of fault. An experienced attorney can help identify and preserve valuable evidence, which might include:
Accident Reports
Under Arkansas Code § 27-53-202, car accidents must be reported to the nearest law enforcement agency immediately when they result in bodily injury, death, or apparent property damage of $3,000 or more. A car accident report can contain valuable information about the crash, including:
- The time and date
- The name of all drivers and passengers involved
- Weather conditions
- Road conditions
- A diagram of the accident scene
- The other driver’s statement
- Witness contact details and statements
- The police officer’s observations
- Whether the other driver was cited for violating a traffic offense
Other types of accidents can also result in accident reports. For example, an accident at work may result in a written report that you made to claim workers’ compensation. A slip-and-fall accident in a store may result in a report to the store manager.
Asking for a copy of the accident report is a vital first step after the incident.
Video Evidence
Today, video is all around. Any video camera may have captured all or part of an accident, including:
- Traffic cameras: Many intersections and roadways are equipped with traffic cameras that are intended to identify and punish people for running red lights, speeding, or committing other traffic offenses. Your personal injury attorney may be able to request this footage before it is overwritten.
- Dashboard cameras: Many modern vehicles are equipped with dashboard cameras or have after-market cameras installed on them. These cameras may record the moments immediately before and after a collision is detected.
- Helmet cameras: In the case of motorcycle or bicycle accidents, you may have had a helmet installed with a camera that may have recorded the accident.
- Surveillance videos: Many businesses have surveillance cameras, so if you fell in a store or other business, this event could have been captured on these cameras. Many people also have residential security cameras that could have
- Cell phone videos: You or witnesses may have recorded the accident on cell phones.
Electronic Logging Data
Electronic logging data can be critical in truck accident cases, potentially helping to show hours-of-service violations, speeding, or other problems that could have contributed to the accident. Electronic logging devices synchronize with a vehicle’s engine to automatically record driving time, providing valuable evidence in the event of a collision.
Information captured by these devices includes the following:
- Driving time when the vehicle is in motion
- Work hours
- GPS location
- Date and time
- Miles driven
- Engine hours and ignition status
- Who is operating the vehicle
An experienced truck accident lawyer can request this evidence before it is lost or destroyed.
Black Box Data
Black box data can also come into play in truck and car accidents. Event data recorders keep valuable information about speed, braking, and other critical factors.
Personnel Records
Personnel records may show negligent practices in hiring, training, or supervision. They can also show if there have been disciplinary or safety problems with staff that may have contributed to the accident.
Photos of the Accident Scene
Photographs can be powerful evidence. They may depict the following:
- Road conditions
- Weather conditions
- The accident scene
- Traffic signs and signals
- Skid marks
- Property damage
- Injuries
These photos can preserve details that might otherwise quickly disappear.
If possible, try to take pictures of the accident scene as soon as possible. Also, photograph your injuries as they progress. This evidence could be lost if you don’t take swift action, and you might need to record the scene before you have the chance to involve a personal injury lawyer in the matter.
Make sure that your photos are time-stamped or have a date and time associated with them. If you print the photos, provide them to your lawyer.
Maintenance Records
Maintenance records can help show if a company did not repair dangerous conditions on the property or if a vehicle owner neglected maintenance on their vehicles. Your lawyer can request inspection logs, equipment maintenance records, and other documentation.
Witness Testimony
Objective witness statements are often a powerful form of evidence because they have no stake in the personal injury claim. Their unbiased account can often help sway a case one way or another when the parties involved had competing versions of events.
Witnesses may be able to describe things such as:
- Dangerous property conditions
- The party’s actions near the time of the accident
- Traffic conditions
- Behaviors of the parties
Your personal injury attorney can find witnesses, interview them, and obtain sworn statements to help support your case.
Physical Evidence
Physical evidence includes anything that provides a visual depiction of the accident, such as:
- Damage to vehicles involved in a car accident
- Property defects or hazardous conditions, including fallen items or spilled liquids
- Defective products that caused harm to consumers
- Torn or tattered clothing or shoes, damaged in an accident
- Helmets
- Child safety seats
- Safety equipment
- Broken items
Preserve this evidence if it is in your possession and don’t alter it. It could contain valuable evidence that helps corroborate your story.
Medical Records
You should seek medical attention immediately after sustaining a personal injury. This protects your health and your legal claim. It also connects your injuries to the accident.
Additionally, medical evidence can help demonstrate the severity of your injuries and their impact on your life. Different medical records that may help your case include the following:
- Emergency room records: Some of the most valuable medical records to support your case come from the emergency room report. This document indicates why you sought care and connects your injuries to the accident that caused them. Hospital records, ambulance ride reports, and surgery reports can further describe the situation.
- Imaging studies and reports: Diagnostic studies can help identify the exact nature of your injuries, as well as the severity. This could include X-rays, MRI scans, CT scans, CAT scans, ultrasounds, and neurological testing.
- Doctor’s notes: Your doctor’s diagnosis and notes about your prognosis help identify the type and severity of your injuries. This information can also help provide a realistic estimate of the side effects and costs you will likely experience in the future.
- Rehabilitation documentation: Many injuries require ongoing rehabilitation and physical therapy. Physical therapy and rehabilitation records can show that you are taking your recovery seriously and still dealing with the fallout of your injuries.
- Prescription information: Keep your prescriptions and pill bottles to show what medicine you were instructed to take. This can help support your statements regarding pain and other side effects.
- Medical expert testimony: Experienced medical experts can review your medical records, explain how they are connected to the accident, and calculate long-term damages.
- Medical bills: Keep an organized file of itemized medical bills and expense receipts to show the financial costs associated with your injuries.
At Horton Personal Injury Lawyers, we can help collect records from all of the medical providers involved in your treatment to provide a complete picture of your circumstances.
Wage Loss Statements
Many injuries cause accident victims to sustain considerable lost wages. They have a right to be reimbursed for these losses. Evidence that can help establish the value of these losses includes:
- Pay stubs
- Employer wage statements that show missed time
- Employer verification letters
- Requests for time off
- Tax returns
If the accident caused you to suffer a permanent disability, you could be entitled to compensation for your diminished earning capacity. An economic expert may be necessary to establish the difference between your pre- and post-injury earnings potential.
Bills and Receipts
You should keep receipts, invoices, bills, and other documentation related to the expenses you have incurred, such as:
- Medical bills
- Prescription receipts
- Rental car costs
- Alternative transportation expenses
- Home modification costs
- Purchases of medical equipment
- Car repair invoices
- Mileage for medical treatment
Expert Witness Testimony
Sometimes, an expert witness is needed to provide sophisticated or specialized testimony about a complex topic. Some of the experts that are used in personal injury cases and what they can discuss include the following:
- Medical experts: Medical professionals may testify about how the injuries occurred, future treatment needs, and future medical expenses.
- Economic experts: An economic expert can help calculate the true value of a plaintiff’s monetary losses, including their lost income.
- Vocational experts: Vocational experts may testify about how the injuries impact the victim’s ability to work or the cost of their lost earning capacity. They may consider factors such as the victim’s age, health, occupation, history of promotions, job skills, education, and salary projections to determine long-term earning potential losses.
- Engineering experts: Engineers may testify about what caused the accident and how the defendant breached their duty of care.
- Biomechanical experts: Biomechanical experts use physics, engineering, and biological principles to analyze how forces impact the human body.
- Accident reconstruction specialists: Accident reconstructionists use data to create visual representations of how the accident occurred. They may analyze the accident scene, vehicle damage, and data extracted from the vehicles to determine how a crash or other accident occurred.
- Lifecare planners: Lifecare planners help identify future needs and calculate their costs.
Electronic Evidence
Various forms of electronic evidence may help in your personal injury case, such as:
- Cell phone records
- GPS data
- Event data recorder information
- Text messages
- Emails
- Social media posts
This evidence can help establish distracted driving, speeding, traffic violations, or safety issues that contributed to an accident.
Your Own Testimony
Don’t discount the value of your own testimony on your personal injury case. You might testify in court about how the accident happened, your injuries, and how they have affected you. Your personal injury attorney can work closely with you to help you prepare for trial and how to provide compelling testimony.
Your testimony will be strengthened if it is consistent with other reports. You may have provided a statement to the law enforcement officer who responded to the crash scene or to an ER doctor when you first sought treatment. If your statements are consistent with what you say in court, this will help show that you are being truthful.
You should also avoid talking about your case to anyone other than your lawyer. Don’t post on social media about it, as this can give rise to challenges about anything you publish.
Pain Journals
Your personal injury lawyer might recommend keeping a daily record of your recovery, called a pain journal. This keeps a contemporaneous record of the following:
- Your pain levels
- Medical appointments
- Mental health and emotional struggles
- Problems sleeping
- Missed family events
- Your feelings about your limitations
- Mobility challenges
- Activities that you can’t perform
- The impact of your injuries on your daily life
Contact Horton Personal Injury Lawyers for a Free Case Review
At Horton Personal Injury Lawyers, we have recovered millions of dollars in compensation for individuals injured by someone else’s negligence. We have decades of experience identifying, gathering, preserving, and presenting strong evidence in the most effective way. Contact us today for more information about how we can help. We offer free consultations to all new prospective clients.