Evidence You Need to Win Your Personal Injury Claim

What evidence do you need for a personal injury claim? The strength and viability of your personal injury claim rests on the evidence. You need evidence to substantiate your claim and prove why you deserve compensation for your injuries and financial losses. Unfortunately, collecting and preserving the evidence you need to build a solid claim can be challenging, especially when you’re in pain and struggling to manage daily tasks.

Personal injury attorneys wear many hats. In addition to building a comprehensive claim for compensation, attorneys must thoroughly investigate the cause of an accident and collect and preserve vital evidence before it can be lost or destroyed. Evidence is the key to winning any personal injury claim.

At JJ Legal, our personal injury team can help you understand what types of evidence may be needed to build a compelling compensation claim and how an attorney can help you get your hands on that crucial evidence.

What Evidence Do You Need for a Personal Injury Claim?

The foundation of any personal injury claim is evidence. It is the injured party’s job to prove the merits of their claim. To do that, you, as the injured party, or your attorney must be able to provide an insurer with evidence that substantiates your claim and demonstrates why you deserve the compensation you claim for your financial losses after an accident with their insured. In many cases, you must also provide evidence establishing liability and showing why the other party is at fault for causing the accident.

What evidence do you need to help build a solid compensation claim? The answer depends on the type and circumstances of the accident. Examples of evidence that you may need for a personal injury claim can include:

  • Police report – You must contact law enforcement following any motor vehicle accident that involves injury or death. A police report can provide vital information about the other party involved in the incident and may include details that can help you build a solid claim.
  • Medical records – Seek medical attention after an accident. Your medical records can provide valuable information related to the extent of your injuries and the value of your claim.
  • Witness statements – When possible, ask witnesses at the scene for their contact information. Witness statements can help corroborate your account of the incident and strengthen your claim.
  • Photographs and videos from the scene – If you are physically able, document the accident scene as thoroughly as possible.

Various other evidence can help support your claims, such as a truck’s black box data, cell phone records, safety inspection reports, surveillance videos, and expert opinions. However, gathering this evidence can take legal intervention in the form of a letter of spoliation or subpoena.

How an Attorney Can Help You Gather Evidence

Unfortunately, collecting and preserving crucial evidence following an accident can be challenging for an individual suffering from significant injuries. Sometimes, you need an attorney to gather the evidence you need to build a strong claim before it can be lost or destroyed.

Truck accidents can cause catastrophic and life-changing injuries. However, recovering evidence that is the trucking company’s property, like black box data, dashcam footage, safety inspection reports, and driver history, can be nearly impossible for an accident victim. Often, a letter of spoliation from an attorney is required to preserve this type of evidence.

An attorney can obtain cell phone records and internet data by subpoenaing a cellular phone carrier or other entity for the information. Companies with stringent privacy protections do not hand over customer information just because you need it to build your claim. Tenacious legal intervention may be necessary for entities to turn over critical claim information.

Steps You Can Take to Strengthen and Protect Your Claim

How can you help your attorney build a compelling personal injury claim and protect your rights? Your actions in the days and weeks after an accident can significantly impact the quality and viability of your claim. While you probably know to call the authorities and exchange information with the other party or report your accident to the property owner or manager, there are additional proactive steps you can take to begin building a solid claim, steps including:

  • Stick to your doctor’s treatment plan – Seeking medical treatment as soon as possible for your injuries is crucial. However, following your doctor’s treatment plan and keeping follow-up appointments are equally important. Failing to seek continued care or disregarding your doctor’s instructions can signal to an insurer that your injuries are not as severe as you claim, so they could try to diminish the value of your claim or deny it outright.
  • Keep a paper trail – You can help your attorney calculate the value of your claim by keeping documents you need for your personal injury case, like medical bills, repair receipts, and records of out-of-pocket expenses related to the accident. Keep your paystubs and other financial documents while you are also out of work recovering. In addition to medical expenses, you may be owed compensation for lost wages and other financial losses.
  • Avoid social media – Do not post on social media while your attorney works to resolve your claim. An insurer may try to use your words or photos as evidence that you’re not as seriously injured as you claim. 

Personal Injury Claims We Handle

Evidence You Need to Win Your Personal Injury Claim

The evidence you need to build a claim with a strong chance of obtaining a favorable result depends on the specific type of personal injury claim you file. At JJ Legal, our experienced personal injury lawyers have the resources and skills to handle a wide variety of personal injury claims, including:

You don’t have to attempt to gather evidence and build a personal injury claim on your own. An attorney can advocate for you, giving you the peace of mind of knowing that your claim is in capable hands while you look after your health.

Contact JJ Legal for Your Personal Injury Claim Today

Are you concerned about gathering the evidence you need to build a personal injury claim and recover the money you deserve from an insurer or someone who injured you? The legal team at JJ Legal offers aggressive legal representation strategically designed to help you maximize your chances of recovering valuable compensation for your injuries.

Call our office today at 312-200-2000 for a free legal consultation and to learn more about how we can help you.

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