Understanding how evidence is used in personal injury cases is extremely important if you want to establish the liability of the defendant. Injury victims may not be able to prove their cases if they do not have a sufficient amount of relevant evidence. Two of the most important types of evidence in personal injury cases are documentary evidence and physical evidence.
Documentary Evidence: The Basics
Documentary evidence is necessary to establish specific facts associated with a personal injury case. Many different types of documents may constitute documentary evidence, and the list below is not exhaustive. The following are common examples of documentary evidence used in personal injury cases:
- Incident reports
- Wage statements
- Injury journals
- Medical bills
- Medical records
Documentary evidence is most often used when you are proving the damages amount associated with a personal injury case. For example, medical records may contain the costs of multiple surgeries an injured victim had to undergo after suffering injuries during an automobile accident. It is therefore important to keep copies of these records and to make records requests at the beginning of a personal injury case.
Physical Evidence: The Basics
Physical evidence is tangible evidence that can be touched, examined, and viewed. Physical evidence can be used to inform insurance claims adjusters and others of the nature and extent of an accident victim’s injuries. Also, physical evidence is more concrete than documentary evidence because it actually depicts something related to the case.
Some of the most common types of physical evidence include the following:
- Tripping hazards
- Blood stained clothes
- Damaged automobile doors
Video recordings may sometimes be classified as both physical evidence and documentary evidence. However, physical evidence needs to be preserved or it can suffer damage over time. Therefore, it is essential to establish a chain of custody for all forms of physical evidence. Sometimes it can be difficult to discover which parties have been in custody of particular items of physical evidence.
Gathering Evidence For a Personal Injury Case
Evidence is necessary to prove both liability and damages in a personal injury case. It is important to photograph your injuries and make sure that you document anything you think is important regarding your injuries and your medical treatment. It sometimes can be difficult to gather evidence at a late stage during a civil lawsuit. Therefore, the more evidence you can collect early on, the stronger your personal injury case will be.
Contact the Law Office of Jason Javie Today to Schedule a Free Consultation
You may feel traumatized after suffering injuries during an accident. However, you do not have to handle every aspect of a personal injury case on your own. A personal injury lawyer can take depositions, gather evidence, and file legal documents in a timely manner. While you focus on healing from your injuries an attorney can work on your case. If you want to seek financial compensation for your injuries, then contact us today to schedule a free consultation.