The Importance of Gathering Evidence in a Personal Injury Case

A personal injury case occurs when an individual suffers loss from an injury or accident for which another person is held legally accountable. Many families suffer from personal injuries in the United States, implying that they are not injured at their fault. Generally, vehicle collisions are the leading cause of these injuries, and about six million Americans suffer from these accidents annually. This leaves them with distressing injuries such as brain injuries, broken bones, and sometimes death.

Like other legal cases, a personal injury case requires enough evidence to hold the perpetrator legally responsible. Importantly, this evidence must be more persuasive than the other party’s. Therefore, there is a need to gather enough proof beyond unreasonable doubt. Keep reading as your Manhattan personal injury lawyer discusses the importance of this evidence in an individual injury case.

Physical Evidence

When an individual is injured at someone else’s fault, they should start gathering evidence immediately. Physical evidence is the first type of evidence they require to gather. This type of evidence entails anything visible or tangible. Also, if there are witnesses, they should get statements from them as soon as possible.

The injured person should also write a report of the accident. The longer an individual waits, the quicker they will forget the exact accident details. Moreover, the injured person should see the doctor even if the accident is not severe. When someone doesn’t see a doctor, it suggests they weren’t hurt.

Visiting a doctor is an excellent way of acquiring medical evidence, which includes:

  • A medical report from the medical professional about the injury.
  • Surgery notes if the injury necessitated surgery.
  • Laboratory report and diagnostic testing, including CT scans and x-rays.
  • Prescription medications used to manage the injury.
  • Notes from medical therapists who provided the treatment.

All this physical evidence will be helpful for a Manhattan personal injury lawyer to present the case with tangible evidence. Nonetheless, an individual can add other physical evidence such as video footage, photographs, clothes stained with blood, public records, and police reports.

Circumstantial Evidence

In addition to physical evidence, the injured person must gather adequate circumstantial evidence. This type of evidence can use reasoning to prove facts or demonstrate how specific circumstances made the injury occur. This type of evidence is also known as indirect evidence.

Although circumstantial evidence is not tangible or visible, it is greatly helpful in a personal injury case. The circumstantial evidence is relevant like physical evidence in personal injury cases.

This is true, especially when a jury or judge uses circumstantial evidence to attain a conclusion. When this happens, a Manhattan personal injury lawyer will use indirect evidence to win a personal injury case.

More Essential Information about Evidence

The injured person should collect a feasible amount of evidence within the first few days when the injury occurred. Moreover, the individual filling in the personal injury claim should not modify this evidence in any way.

For instance, if the person affected by the injury car was damaged, they should leave it unrepaired until the personal injury case is over. If they can’t leave the car in the damaged state, they should take a photo with a timestamp.

In addition to gathering evidence to show the cause of the injury, evidence should be collected to show how the injury caused a decrease in the quality of life. For example, if the injured person can no longer work full-time, they can use pay stubs to show how the injury affected their ability to work.

Circumstantial evidence is hard to gather. This means a plaintiff needs a good personal injury lawyer to help them gather enough circumstantial evidence. Generally, a personal injury lawyer knows the required physical and circumstantial evidence and can guide one in collecting such evidence.

Contact your Manhattan personal injury lawyer if you have been injured due to someone else’s negligence. A professional will advise you and ensure you win a personal injury case.

Leave a Reply

Back to top button