What Evidence Do I Need in a Personal Injury Lawsuit?
If you or a loved one were injured because of the negligence or careless actions of another, you might be entitled to compensation. Whether you were severely hurt in a slip and fall, a car accident, or some other preventable mishap, compelling evidence is key to a successful outcome.
At Douglas & London, we pride ourselves on our client-centric approach to personal injury cases. Our compassionate legal team works hard to make the litigation process as easy and stress-free as possible. With the guidance of a New York City personal injury lawyer, claimants can secure the evidence needed to prove the defendant’s liability and the extent of their own injuries.
Our attorneys can help you identify and collect the documents and evidence necessary to advance your claim. Building a substantial personal injury lawsuit requires meticulous preparation and attention to detail. The following is a summary of the physical and circumstantial evidence that can help you achieve a fair and favorable settlement.
Medical records and expenses
Seek prompt medical care after any accident and keep track of all records that document the type and severity of injuries sustained. This can include: emergency room records, diagnostic exams and results, doctor’s instructions, specialist reports, surgical reports, and rehabilitation. Be sure to also keep track of all hospital and medical bills stemming from your accident.
Official accident reports
Depending on the circumstances, this could be a police accident report, a private report written by an accident reconstruction specialist, or an incident report from the property owner or site manager where your injury took place.
Video or photos taken of the accident scene
Photographs don’t lie and can be compelling evidence. After your accident, do your best to take photographs or video, including damage to property, your injuries, and any specific details that are relevant to how the accident occurred (such as spilled liquid on a floor).
Saving bloodstained or shredded clothing after a motor vehicle crash is a smart move. If you are pursuing a slip and fall case, make sure you have the shoes you were wearing at the time. Additional evidence such as footage from security cameras, a dashcam or street cameras can also prove valuable. Your lawyer can request and recover the footage before it is deleted.
Make a note of any eyewitnesses and their contact information. Your lawyer will interview them and secure official testimony under oath or request a written affidavit.
Bank statements, pay stubs, and W2s
If you are unable to work because of your injuries, your attorney can demand compensation for the amount of income lost during your recovery. You will need to present W2s, pay stubs, and bank statements to show proof of income.
Proof of out-of-pocket expenses
You will also need to provide documentation (i.e., receipts and invoices) of any out-of-pocket expenses sustained due to your accident. This can include transportation costs to and from doctor’s appointments, rental car expenses, medication costs.
A written narrative is key
Keep a written journal that details the circumstances leading to your injury, and your day-to-day life afterward. This personal injury diary should be as comprehensive as possible, providing insight into your pain levels, activity restrictions, medical care, and emotional state.
Critical evidence can disappear over time
Having a qualified personal injury lawyer in your corner is the surest way to ensure you’re collecting pertinent evidence in a timely manner. At Douglas & London, our team knows that critical evidence can “disappear” if proactive measures aren’t taken. Skid marks where an accident occurred can degrade quickly, truck driver logbooks can mysteriously vanish, and footage from surveillance cameras may be erased.
That’s why we take immediate steps to collect and preserve evidence that speaks to how your accident occurred, and who may be liable. This can include computer records, emails, security camera footage, or physical evidence like bloodied clothing, broken objects, or photos of a broken stair where you tripped and fell.
Witness statements can bolster the allegations in your claim. People who witnessed or overhead the accident are interviewed while the details are still fresh in their mind.
Contact us at Douglas and London for a free consultation
When it comes to recovering damages for your physical and economic suffering, you need a New York City personal injury attorney who can gather time-sensitive evidence that is essential to your claim. And that’s precisely what you’ll get when you hire us– a team of dedicated professionals who can navigate the legal process and fight for the money damages you rightfully deserve. The initial case review is free, and our staff is available 24/7 to take your call.