What Evidence Can Help an Injury Claim?
The strength of a personal injury claim depends heavily on the quality of your evidence. Here is what types of evidence matter and how to preserve them.
Informational purposes only. This article is for general informational purposes only and is not legal advice. Laws vary by jurisdiction. If you need advice about your specific situation, consider speaking with a licensed attorney.
## Short Answer
The most important evidence in a personal injury claim includes medical records, photographs, police reports, witness statements, and documentation of your financial losses. Preserving this evidence quickly — before it disappears — is critical.
Medical Records and Bills
Medical records document the nature and extent of your injuries. They link your treatment to the accident. Emergency room records, diagnostic reports, specialist visits, prescriptions, and physical therapy records all matter. Keep all bills and explanations of benefits from your insurer.
Photographs and Video
Photographs of the accident scene, your visible injuries, property damage, road conditions, and any other relevant physical evidence are powerful. Take photos as soon as possible after the accident. If there is surveillance camera footage of the incident, it may need to be preserved quickly before it is overwritten.
Police or Incident Reports
For auto accidents, a police report documents the incident, identifies witnesses, and may include an officer's assessment of fault. For slip and fall accidents, file an incident report with the property owner and keep a copy.
Witness Statements
Get names and contact information from anyone who witnessed the accident. Written statements from witnesses — or later, their testimony — can corroborate your account of what happened.
Documentation of Financial Losses
Gather pay stubs and employment records to document lost wages. Keep a log of expenses related to the injury — transportation to medical appointments, household help, and other costs.
A Personal Injury Journal
Keep a daily log of your symptoms, pain levels, how the injury affects your daily activities, and your emotional state. This can support a pain and suffering claim.
Common Mistakes
Waiting to seek medical treatment creates a gap that insurers use to argue your injuries were not caused by the accident. Deleting social media posts or photos that might contradict your injury claims is considered spoliation and can damage your case. Giving a recorded statement to the opposing insurance company without an attorney can result in statements being used against you.
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*This article is for general informational purposes only and is not legal advice. Consult a licensed attorney for advice specific to your situation.*
Informational purposes only. This article is for general informational purposes only and is not legal advice. Laws vary by jurisdiction. If you need advice about your specific situation, consider speaking with a licensed attorney.