Founder and Managing Partner
Evidence is used in personal injury cases to prove that a fact is more or less probable. Without evidence, you cannot hold a party liable for your medical bills, lost wages, and other damages. Likewise, you cannot hold them financially responsible for the pain and suffering they caused. A Los Angeles personal injury attorney can help you gather the evidence you need to prove you are entitled to compensation for a personal injury case.
What Evidence Is Needed for a Personal Injury Claim?
Common types of evidence used in many personal injury cases include, but are not limited to:
- Police and accident reports for traffic accidents, dog bites, assaults, and other incidents reported to law enforcement agencies.
- Medical records to link the accident or incident to the injuries you sustained. Medical statements also help prove the extent of your injuries and damages.
- Testimony from eyewitnesses, parties to the case, and expert witnesses. Expert witnesses can include accident reconstructionists, medical specialists, financial professionals, vocational experts, and others.
- Photographs and videos of the accident scene, property damage, and injuries.
- Employment and income records to prove the amount of money you lost in wages, benefits, and other forms of income because of the accident and your injuries.
The evidence in a personal injury case varies depending on the type and circumstances of the case. Other types of evidence could be used in your personal injury case to prove negligence.
The Importance of Evidence to Strengthen a Personal Injury Case
The plaintiff (injured party) has the burden of proving negligence in a personal injury case. The legal elements of a negligence case are:
- Duty of care
- Breach of duty
- Causation
- Damages
In California, the burden of proof for personal injury claims is by a preponderance of the evidence. Therefore, you must present evidence that convinces the jury there is more than a 50% chance the at-fault party caused your injury. Therefore, your evidence must be complete, clear, and extensive.
Tips for Gathering and Preserving Evidence in a Personal Injury Case
The importance of gathering and preserving evidence cannot be overstated. Evidence is a cornerstone in your personal injury case. Physical evidence can deteriorate or get lost if it is not preserved. Likewise, time can negatively impact the memories of witnesses.
Tips for gathering and preserving evidence include:
- Write down the details of your accident or injury while the details are clear in your mind
- Take photographs of the accident scene and make a video with your cell phone
- Ask eyewitnesses for their names and contact information so your attorney can interview them
- Report your accident to the police or other applicable parties and request a copy of the written report
- Secure physical evidence until you can give it to your personal injury attorney
- Document your injuries with medical records, photographs, and notes
- Keep copies of all receipts, bills, invoices, statements, and other documents related to your case
Meet with an attorney and give them the evidence you collected as soon as possible. Your attorney can preserve and add to the evidence.
Contact Our Los Angeles Personal Injury Attorney for a Free Consultation
Evidence is a crucial element of a personal injury case. You must have sufficient evidence to prove the party who caused your injury is responsible for your damages. Our law firm has the resources and skills to gather evidence to build a solid case for damages.
Contact our law firm to schedule a free consultation to discuss your case with a Los Angeles personal injury attorney.
