To win a personal injury lawsuit, you have to present compelling evidence showing that the defendant acted negligently, their negligent actions caused your accident, and because of their action you suffered harm. Even if you anticipate that your case will resolve through settlement negotiations, you should still be prepared to persuasively argue your case.
That might sound simple enough, but the truth is that it can be difficult to navigate the legal process, especially when you’re trying to focus on coping with your pain and newfound physical limitations, as well as recovering from your injuries. That’s why in this post we want to give you some ideas of where to look to gather the evidence you need to support your car accident personal injury case.
Where to look for evidence of negligence, causation, and damages
Your evidence can come from a myriad of places. Let’s look at some that you’ll want to be sure to assess as you develop your case.
- Witness testimony: In most car accident cases, there are witnesses who saw the crash. By talking to these individuals early on, you can get a clear sense of what they observed, and you might be able to get them to commit to a written statement. This evidence can be powerful during negotiations and in court, but it can also help you identify weaknesses in your case so that you can then work to mitigate them.
- Medical records: Even if you prove that your accident was caused by a negligent driver, you’ll still have to demonstrate how your accident caused you harm. Your medical records can go a long way here, demonstrating the extent and severity of your injuries, as well as showing the expenses that you’ve incurred to treat your harm.
- Expert opinions: The cause of your accident and your anticipated damages are going to be hotly contested in your case. Expert testimony might give you a leg up on the defense. An accident reconstruction expert, for example, can analyze the physical evidence to come to a scientific opinion as to the accident’s cause and who is to blame for it. Your doctor might be another helpful expert witness who can speak to your need for ongoing care and how your accident injuries affect your ability to work.
- Photographs: Pictures can tell a convincing story in a personal injury case. That’s why it’s important that you or a loved one take photos of the accident scene, including vehicle resting positions, tire marks, nearby intersections, traffic signals, street signs, and vehicle damage. You should also photograph your injuries to give the jury a vivid understanding of the harm that’s been caused to you.
- Personal accounts: Non-economic damages, like pain and suffering and loss of enjoyment of life, are going to make up a significant portion of your compensatory recovery. But they can be hard to articulate. By keeping a written journal, though, you can better specify how your accident injuries have negatively impacted your daily living, giving the jury a glimpse at what your post-accident life truly looks like.
Build the robust personal injury case you need
A successful personal injury case can give you a sense of closure and provide financial relief in a tough time. But you only get one opportunity to argue your case. That’s why you have to be diligent in gathering all relevant evidence to build a compelling case. If that’s something you think you need help with, then continue to read up on the process, surround yourself with support, and talk to your attorney about the best way to move forward with your claim.