When initiating a personal injury claim, the strength of your case largely depends on the evidence you can provide. Whether you have sustained injuries in a car collision, a slip-and-fall, or any other type of incident caused by negligence, having the right evidence can make or break your claim. This evidence not only helps establish the facts of the case but also demonstrates the extent of your injuries and the impact on your life.
The lawyers of Callahan & Blaine are prepared to build a claim on your behalf. We investigate the personal injury accident, gather necessary evidence, and handle negotiations with relevant parties, so you are able to focus on recovering from your injuries. With our multi-million dollar track record of successful verdicts and settlements, let us guide you through the complex legal process with peace of mind.
8 Types of Evidence You Should Keep to Strengthen a Personal Injury Claim
When it comes to personal injury claims, the evidence you obtain can significantly impact the success of your case. Preserving and organizing key pieces of evidence is crucial to proving liability and securing fair compensation. Here are eight essential types of evidence you should keep to strengthen your personal injury claim:
1. Medical Records
Your medical records are fundamental in demonstrating the extent and nature of your injuries. Make sure to keep all documentation related to your medical treatment, including:
- Doctor’s notes and hospital records
- Diagnostic test results (X-rays, MRIs, etc.)
- Prescriptions and treatment plans
- Physical therapy and rehabilitation records
These records provide a detailed account of injuries and the care you received, demonstrating a direct link between the incident and your medical condition.
2. Accident Reports
Accident reports provide an official record of the incident. Ensure you obtain copies of:
- Police reports (for car accidents and other incidents)
- Workplace incident reports
- Any other official documentation
These reports often contain crucial details about the accident, including witness statements and the responding officer’s observations, which can be instrumental in proving fault.
3. Witness Statements
Eyewitnesses can provide valuable third-party accounts of the accident. Get contact information and statements from any witnesses as soon as possible. Written or recorded statements can corroborate your version of events and strengthen your claim.
4. Photographs and Videos
Visual evidence is incredibly persuasive. Take photographs and videos of:
- The accident scene
- Your injuries
- Property damage
- Any hazardous conditions that contributed to the accident
Capture these images from multiple angles and ensure they are clear and detailed. This visual documentation can help recreate the scene and demonstrate the severity of your injuries.
5. Surveillance Footage
If the incident happened in an area with surveillance cameras, such as a traffic intersection, store, or office building, request copies of any relevant footage. Surveillance video can provide an unbiased account of the incident and may be pivotal in proving liability.
6. Personal Injury Journal
Keeping a personal injury journal allows you to document the impact of your injuries on your daily life. Record:
- Your pain levels and symptoms
- Your emotional and psychological state
- The limitations your injuries impose on your daily activities
- Details of your medical appointments and treatments
This journal can help illustrate the non-economic damages you are suffering, such as pain and suffering and loss of enjoyment of life.
7. Financial Records
Document expenses related to your injury to substantiate your economic damages. Keep records of the following:
- Medical bills and receipts
- Transportation costs for medical appointments
- Invoices for any out-of-pocket expenses
- Pay stubs and employment records showing lost wages and diminished earning capacity
These financial records are essential for calculating the full extent of your monetary losses.
8. Communication Records
Save all correspondence related to your injury claim, including:
- Emails and letters from insurance companies
- Communications with your employer regarding your injury
- Any written or recorded interactions with witnesses or other involved parties
These records can provide a clear timeline and evidence of your efforts to resolve the claim.
By keeping these essential items, you can enhance your ability to prove liability and demonstrate the full impact of your injuries. At Callahan & Blaine, our personal injury attorneys are here to help you gather and present the necessary evidence to maximize your compensation.
How Is Liability Established in a Personal Injury Claim?
The following is an overview of how liability is determined in a personal injury claim:
Duty of Care
Initially, you must establish that the opposing party owed you a duty of. care. Duty of care is the obligation to act in a reasonable, prudent manner to avoid causing harm to others, which may include operating a vehicle safely, maintaining a safe premises, and providing competent medical care to patients.
Breach of Duty
Next, you must demonstrate the opposing party breached his or her lawful duty. A breach occurs when the defendant’s actions or inactions fall short of what a reasonably prudent person would do in a similar situation. This could involve reckless driving, failing to repair hazardous conditions, or providing substandard medical care.
Causation
You must demonstrate the opposing party’s breach of duty directly caused your injuries and losses. This involves two components:
- Actual Cause: The plaintiff must demonstrate that their injuries would not have occurred “but for” the defendant’s actions.
- Proximate Cause: The injuries must be a foreseeable result of the defendant’s actions. This means that the harm caused was a natural and probable result of the breach of duty.
The final element in determining liability is proving you suffered economic and non-economic damages as a result of the opposing party’s conduct. Damages include medical expenses, lost income, and property damage, as well as emotional distress and loss of enjoyment of life.
Speak With the Personal Injury Lawyers at Callahan & Blaine
Navigating a personal injury claim can be daunting, but you do not have to do it alone. At Callahan & Blaine, we understand the complexities involved and are here to assist you every step of the way. Our firm has a proven track record of multi-million dollar verdicts and settlements, showcasing our ability to effectively handle even the most challenging cases. Our team of experienced trial lawyers, each with over eight years of experience, is dedicated to thoroughly investigating your case, gathering the necessary evidence, and negotiating with the relevant parties to secure the compensation you deserve.
What sets Callahan & Blaine apart is our commitment to excellence and client satisfaction. With over 40 years in practice, our firm has handled numerous high-stakes cases, including the largest jury verdict in Orange County history. We pride ourselves on our meticulous approach to case preparation and ability to handle evidence under pressure. Contact Callahan & Blaine today at (714) 241-4444 or through our contact form to discuss your case and learn how we can help you achieve the best possible outcome.
