Okay, so you got into a personal injury accident, and now you want to file a personal injury lawsuit against the person who negligently caused your injuries. Well, you’ve found, picked, and named your defendant, but how are you going to prove that he or she negligently caused your accident and personal injury?
You’re not going to prove that unless you have evidence.
Evidence generally comes in two forms: direct and circumstantial. Both can be used to prove a defendant’s negligence. The hard part is finding and gathering evidence of your personal injury. But, not to worry.
Evidence of Your Personal Injury
A Police Report — A police report is definitely evidence of your personal injury accident, and if you get into a personal injury accident while on the road, then you are likely to have a police report available for your use. hearsay, meaning it can’t be used in a trial before a judge, but it can be used in alternative dispute resolution procedures:
Medical records — Medical records are definitely necessary to show that you actually suffered injuries as a result of your accident. So, although you might not want to take that trip to the doctor, it’s a good idea to do so, and to do so before you get better.
Personal Notes — You can also take personal notes and share them with your personal injury lawyer during your free consultation. This will help him or her find the strengths and weaknesses of your personal injury case, determining where you need more evidence to prove the defendant negligently caused your injuries and figuring out how to get that evidence.
Pictures — Pictures also make for evidence of your personal injury. Did you slip and fall at a grocery store? Take a picture of the spill or have someone else take a picture of it for you. This can later show the size and extent of the spill, as well as indicate how long it had been left there, all of which are important aspects of proving a defendant’s negligence caused your personal injuries.
- Video — Well, you forgot or just weren’t able to take a picture. However, a camera might have caught everything on tape.
Jennifer Machie writes for Colley & Colley, LLP.