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How To Gather Evidence In Personal Injury Cases

Written by: Imelda Bouchard


To prove a personal injury claim, you must present evidence. This evidence includes medical records, police reports, and witness statements.  

Consequently, a personal injury lawyer can assist in collecting this documentation to build your case.  

Once time-sensitive evidence is secured, the attorney gathers all necessary evidence to support your claim. The organization or agency in possession typically preserves police reports and hospital records and is not at risk of disappearing over time.  

Requests for these records are typically made in writing through legal channels. The first few days after an accident are crucial for finding and preserving evidence and documenting injuries, ensuring a strong personal injury claim. 

How To Find The Evidence? 

Given below are the steps that will help you gather the evidence you need for a successful personal injury case reporting— 

1. Go Back Where It Happened 

In case of an accident outside your home, such as a traffic accident or a slip and fall, return to the scene immediately to locate evidence and photograph any conditions that may have contributed to the accident.  

You may discover unexpected details, such as a worn spot or a broken traffic light. Additionally, you may find someone who witnessed or knows of similar accidents in the same area. 

To ensure a successful personal injury settlement, take photographs of the accident scene from various angles, especially before the accident, to demonstrate your preparedness. Photograph the scene at the same time or week for vehicle accidents.  

Gather a list of witnesses and their contact information so an attorney can interview them about the accident. Also, gather their information for safekeeping. 

2. Gather Physical Evidence 

Physical evidence, such as a broken stair, a dent in a car, or an overhanging branch blocking visibility, can be used to determine fault in an accident.  

Physical evidence can also help prove the extent of an injury, such as damage to the car or torn or bloodied clothing. To preserve physical evidence, it's important to photograph it as if it were an accident.  

However, if protecting the actual object becomes difficult, you can use smartphone cameras for detailed and accurate light conditions. Nevertheless, avoid Polaroids as they are not known for capturing crisp images.  

Moreover, take multiple photos from different angles to highlight specific information to the insurance adjuster.  

Take the pictures as soon as possible to represent the condition of the evidence after the accident accurately. Ensure that the time stamp on the images is included in the time stamp or the date on the back of the prints or receipt. 

3. Record Your Medical State With Evidence 

It's important to remember that medical records are essential documents containing information about your injuries. Thus, they have every detail regarding your diagnosis, lab results, bills, receipts, and discharge instructions.  

Hence, remember that these records are accessible to you and your representatives.  

Moreover, all injuries should be reported to a doctor, and photographs should be taken to preserve evidence. This must include all cuts, bruises, visible marks, or swelling, including splints, bandages, casts, or other devices.  

Having an early medical record makes it easier to convince an insurance company of the severity of your injuries.  

It's possible for visible injuries to heal and seem less severe later, and failing to seek immediate treatment may lead the insurance company to believe that your injuries were less serious or exaggerated.  

Additionally, it may be wise to write down everything about the accident and aftermath during your case. 

Role Of The Layer 

A personal injury attorney is responsible for investigating personal injury cases. Therefore, they help you gather and analyze evidence and interview witnesses.  

Moreover, your Personal Injury Lawyer in New Jersey will help consult accident reconstruction experts. Working with other experts, they also identify responsible parties, prove negligence, and calculate damages. 

A personal injury lawyer can be a strong advocate in court, navigating the complex legal process effectively. They assess the case's strength, gather evidence, and develop a compelling legal strategy.  

Furthermore, they prepare the necessary documentation. Also, they help you handle communication with opposing parties and their insurance representatives and argue the case.  

In opposition to the claim, they may counterarguments and cross-examine witnesses. 

With their expertise in the legal field, ability to negotiate, and experience in court, they can advocate for your rights and obtain the highest possible compensation for your injuries, medical bills, lost income, and emotional distress. 

Imelda Bouchard
Imelda Bouchard is the owner of Gov Relations. She graduated with a degree in Business Administration in Finance​ at the University of Houston-Downtown. Imelda has over a decade of experience working in the finance industry. Following her stint at an international fintech company, she has decided to create a platform where businesses can make use of great business ideas.
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