Evidence in a Personal Injury Case

June 1, 2021Personal Injury

If you have been injured in a preventable accident caused by another person or company’s negligence, the law allows you to recover compensation from the responsible parties. However, before that happens, you need to prove liability—which is where evidence comes in. Here are the types of evidence that are most useful and relevant in a personal injury case.

Accident Scene Evidence

The evidence taken at the scene of your accident is vitally important to your case. Take photos and video footage of the scene, the surrounding area, and your injuries immediately after your accident. They can play a significant role in determining and proving liability. If you are unable to gather this evidence, ask someone else or your attorney to do it for you.

Accident Report

Depending on the type of accident, notify the appropriate party for an incident report to be made. For example, the police if you were involved in a car accident, a manager if you slip and fall in a grocery store, your employer if you are injured at work, etc. An accident report will not only help in proving fault but also causation, which links your injuries directly to the accident.

Eyewitness Statements

Statements from eyewitnesses provide an unbiased and objective opinion as to what occurred. Witnesses can be very compelling to insurance adjusters or jurors since they don’t have a financial stake in how the case is resolved.

Medical Records

Documentation on your injuries is critical to showing they were caused by the accident, as well as how much compensation you are owed. The at-fault party’s insurance company will not compensate you for your injuries without seeing proof of their existence. For this reason, the insurance adjuster assigned to your case will immediately ask for your medical records. If you cannot supply them or if you waited too long to seek treatment after your accident, your claim will likely be devalued or rejected altogether.

Documentation of Other Losses

To obtain compensation for any other accident-related losses, such as lost income, diminished earning capacity, damage to your vehicle or other property, etc., also requires documentation. For instance, pay stubs, W-2s, repair invoices, etc.

Expert Testimony

Complex personal injury cases may require expert testimony, for example, from a medical expert who can testify to the extent of your injuries and prognosis, a forensic accountant to assist with quantifying your future financial losses, or an expert in accident reconstruction who can help prove fault.

Missouri’s Comparative Negligence Law

Missouri follows the rule of “pure comparative negligence.” This law allows you to recover compensation even if you are partially to blame for your injury, but it can significantly reduce the amount you receive. Here’s an example, if you are awarded $20,000 and found 40 percent at fault for your accident, you will only receive 60 percent or $12,000.

We Can Help You

Even if it is evident that another party is at fault for your injury, an insurance company can still attempt to place the blame on you. Working with an experienced St. Louis Personal Injury Lawyer will protect your rights and the evidence you need to obtain the compensation you deserve. Call (314) 231-4100 today or contact us online for your free consultation.

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