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Evidence You Need in a Personal Injury Claim

Evidence You Need in a Personal Injury Claim

There are several different types of personal injury claims with some of the most common ones being: car accidents, slip and fall accidents, dog bites, medical malpractice, nursing home abuse, and negligent security claims.

While each type of claim is unique, they all have one thing in common and that is evidence. Clearly, there must be evidence to prove negligence, wrongdoing, fault, legal liability, and losses suffered by a victim. So, if you are ever injured in an accident that is not your fault, please understand that evidence will be crucial to your claim.

Gathering Physical Evidence

Let’s say you are in some type of an injury accident. Those first few days afterward will be crucial for documenting your injuries and preserving any evidence. Why the rush? For one, as time goes by, evidence can be lost or even intentionally altered, hidden or destroyed.

Examples of physical evidence can be a poorly-lit parking lot where an assault took place, a pothole that caused a motorcycle accident, a low-hanging branch that caused a bicycle accident, an overgrown bush that blocked a driver’s view, torn carpeting that caused a trip, or a broken fence that allowed a dangerous dog to escape and attack.

Physical evidence can also help prove the extent of a victim’s injuries. For example, torn clothing with blood on it can dramatically show the extent of a dog attack, or pictures immediately after a violent assault can show much more than a completely healed face would a month after such an attack. If physical evidence is not preserved or photographed immediately after an accident, it can be:

  • Lost
  • Destroyed
  • Repaired
  • Changed by weather
  • Otherwise erased by someone who doesn’t want to get sued

If you’re ever in an accident, ask yourself, “What kind of physical evidence is there?” Whether it’s a damaged car, visible wounds, a defective product, a dangerous condition, or video footage that you can get before someone changes the accident scene, preserve it so it can be shown to the insurance company as proof of what occurred. Remember, the evidence is key and always aim to get as much as you can to support your claim.

Next: What is Pain and Suffering in a Personal Injury Case?


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