If you’re hurt because of another person, you may have what is known as a “personal injury claim.” A personal injury claim may occur when one person is the proximate cause of another person’s injuries or even property damage as a maritime accident lawyer can explain.
Like other types of legal claims, your claim must be supported by evidence. Below, our friends at Herschensohn Law Firm, PLLC will look at five different types of evidence commonly relied upon in personal injury claims.
Photographic Evidence
Photographic evidence refers to photographs of anything related to the claim. Common photos include:
- Photos of the accident site
- Photos of any property damage
- Photos of any injuries
- Photos of the street and weather conditions for vehicle accidents or premises liability accidents
- Photos of insurance verification and the other person’s identification
These may be taken by you, responders at the scene of the accident, or even just witnesses.
Police Reports
A police report acts as a third-party accounting of the accident. It provides necessary information about the accident, including the names of those involved. It may also include a statement from the responding officer delineating how liability should be distributed between the involved parties. Not only could the court find a police report very helpful in handling your claim, it could also be very helpful when dealing with the insurance company.
Medical Records
Medical records act as a form of evidence that helps prove that the accident caused specific injuries or even an exacerbation of a pre-existing condition. Medical records may include:
- Emergency room treatment
- Urgent care treatment
- Treatment by your primary doctor
- Surgical or other treatment notes
- Radiology notes
- Treatment records from mental health experts
The exact records you may need depends on the injury or injuries you sustained in the accident. Be sure to always ask for a copy of your records when you go in for treatment.
Expert Reports
Some claims can be better supported by expert reports provided by a person known as an expert witness. Two of the most common types of expert reports include:
- Accident reconstruction
- Expert report related to claimed injuries
Testimony
Testimony is another form of evidence found in a personal injury claim. Testimony is taken under oath. The people who testify promise the court that they will tell the truth. Testimony can be given by the plaintiff, defendant, witnesses, and expert witnesses among others.
The Standard Of Evidence
A personal injury claim is a civil claim. As such, the standard of evidence is the preponderance of the evidence. In many states, this means that the person bringing the claim must be able to show that it was more likely than not that liability lies primarily with the other party.
Evidence Supports Your Claim
The purpose of evidence is to support your claim. The exact evidence needed for your claim depends on the facts surrounding your claim. To learn more about evidence, check out your local jurisdictional rules or talk with a licensed attorney in your area.
If you are facing a personal injury issue, reach out to an attorney near you for help immediately.