Evidence Used to Prove a Personal Injury Claim
When you are injured due to another party’s intentional or negligent actions, you have the right to file a personal injury claim to get compensation for expenses resulting from those injuries. To win your claim, you need extensive evidence. Understanding what type of evidence you need and how to acquire it will help you get better results. Continue reading to learn more.
Why You Need Evidence
Most personal injury claims are settled through the insurance process. However, the insurance company won’t just take your word that you deserve compensation. You need to prove that you were injured in a way that is covered by the relevant insurance policy and that the compensation you are requesting is reasonable based on your injuries.
Similarly, if you file a lawsuit, you will need to prove your claim to a jury. In both cases, you need extensive evidence supporting your claim to get the desired results.
Types of Evidence
Evidence can be broken up into two major categories — evidence of fault and evidence of value.
Evidence of Fault
This type of evidence will determine whether your claim gets approved or denied. You can only get compensation from another party if they were liable for your injuries.
Common types of evidence for proof of fault are:
- Physical evidence from the accident scene
- Eyewitness testimony
- Your testimony
- Audio or visual recordings of the accident
Evidence of fault may be difficult to acquire in some circumstances. For example, if you are involved in a car accident that was recorded by a bank ATM camera, you need the bank to provide you with a copy of that video footage. If the bank is reluctant to share that evidence, you may need to subpoena it.
Furthermore, if you are partially responsible for your injuries, evidence of fault may be required to show what percentage each party is at fault. You can legally get compensation from another party as long as you are less than 50% at fault. The more evidence you can acquire that shows the other party was at fault, the more likely you are to take advantage of this regulation.
Evidence of Value
Proving that the other party owes you compensation is only half the equation. You also need to prove the value of your claim. The insurance company wants to pay as little compensation as possible. This means it requires evidence of every expense related to your injury.
Typically, you need to keep a copy of every bill and loss associated with your injuries. You should keep physical and digital copies of every medical bill and your work records.
Additionally, you may be required to prove that a bill is relevant to your injury. For example, you may need medical records that show that you can’t safely drive to justify a taxi bill.
How Long Can You Spend Gathering Evidence?
In Georgia, you have two years from the date of an accident to file a personal injury claim. If you wait longer than that, your claim will be dismissed. This effectively means you have two years to collect evidence before acting on it.
However, it’s best to begin gathering evidence as soon as possible while details are fresh and physical evidence is still available. Waiting too long can result in lost records, fading memories, or unavailable witnesses, which may weaken your case.
Preserve as Much Evidence as Possible to Support Your Claim
There is no such thing as too much evidence. The more evidence you can collect, the more likely you will get fair compensation. If you have trouble identifying or preserving relevant evidence, an experienced personal injury lawyer can help you.
Photos, medical records, witness statements, and accident reports are all important pieces of evidence. Make copies and store everything in a safe place to avoid losing crucial details during your case.
