For your claim or lawsuit to succeed, you will need to show that the at-fault party caused your injuries and that your losses are as extensive as you say they are. Medical records, accident reports, and financial documentation are, therefore, among the evidence that is often necessary in a personal injury claim.
Practically everyone whose work life is in a field other than personal injury law will understandably be unsure of what evidence is needed or how to collect it. Our Long Island personal injury lawyers know exactly what is needed and are ready to get to work to make sure it is secured for any claim you may have.
In This Article
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- What Evidence Do You Need to Prove Liability for a Personal Injury?
- What Evidence Do You Need to Prove the Extent of Your Losses?
- When Should You Start Collecting Evidence?
- We Will Build Your Personal Injury Case
What Evidence Do You Need to Prove Liability for a Personal Injury?
You are only allowed to pursue a personal injury case if you show that another party—whether a reckless driver, a property owner, a doctor, a construction company, or someone else—caused your accident by behaving negligently. Demonstrating negligence means showing that:- The at-fault party had a responsibility to behave reasonably.
- The at-fault party failed in this responsibility.
- Your accident was a direct result of the at-fault party’s negligence.
- Any laws that the liable party broke (e.g., speed limits or red lights, in car accident cases)
- Interviews with witnesses who saw the accident itself or the liable party’s behavior in the time leading up to the accident
- Video footage of the accident from surveillance, traffic, cell phone, or dash cams
- Photos taken by you or others that prove hazards (e.g., broken stairs or walkways, in slip and fall cases) and/or the at-fault party were present at the scene
- Any prior complaints or cases filed against the at-fault party, which demonstrate a pattern of reckless behavior
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What Evidence Do You Need to Prove the Extent of Your Losses?
You also need to show that the at-fault party’s actions have had a negative impact on your life. Evidence of this impact could include:- Medical records that explain how serious your injuries are and what kinds of treatments you need
- Bills and receipts that show exactly how much you have spent so far on medical care, repairing damaged property, and hiring replacement services
- Testimony from experts in various fields, including medical experts, vocational rehabilitation specialists, life care planners, and economists
- Testimony from you and people who know you, which highlights the intangible, personal effects of the accident
- Tax filings, which allow us to establish how much money you earned before the accident, versus how much you are making now
- Medical expenses
- Lost wages
- Property damage
- Diminished quality of life
- Pain and suffering
When Should You Start Collecting Evidence?
The sooner you begin putting your case together, the better. Many forms of evidence are impermanent or easily lost, so it is very important that you collect and preserve these materials. For example:- Some businesses delete surveillance footage after a period of weeks or months, so we typically try to secure this footage immediately.
- Important documents, such as company records, might get lost, misfiled, or destroyed if you wait too long to ask for copies.
- Witnesses might start to forget what they saw, making their testimony less valuable and detailed.
How to Collect Evidence
Thanks to cell phones, it is easier than ever for accident victims to start gathering proof even before they leave the scene:- Call 911 after an auto accident, or report the incident to management after a workplace or premises liability accident (filing reports creates an official record of the incident)
- See a doctor right away for diagnosis and treatment, and to start a medical record
- Take photos of everything you see, including your injuries, any involved vehicles or hazards, and the general environment
- Take down the names and contact information of any witnesses, such as bystanders, coworkers, or other drivers
- If you were involved in a motor vehicle accident, get the other driver’s contact and insurance information and, very importantly, their license plate number
How Our Personal Injury Attorneys Collect Evidence
One of the first things a personal injury lawyer will do is to launch an investigation into what happened. We act quickly to secure all available evidence and will even work with the at-fault party’s representatives to exchange evidence in a process called discovery. This could further strengthen your case. Our firm has a long history of obtaining case-related documentation that makes it easier for us to request vital documents from police departments. We also have long-standing connections in the community, which facilitate our information requests to healthcare institutions and professionals with relevant expertise. We work fast to secure all materials while our clients focus on getting the care they need and resting at home.Click to contact our personal injury lawyers today
We Will Build Your Personal Injury Case
Whether you were injured in a motor vehicle accident, a workplace accident, a premises liability accident, or another kind of incident, Friedman & Simon, L.L.P., will make your case as strong as possible and fight hard for appropriate damages. Call now for a free consultation. Our team is always happy to answer your questions about what evidence is necessary in a personal injury claim and any other legal topic.Call or text (516) 932-0400 or complete a Free Case Evaluation form