The burden of proof in a personal injury lawsuit is not beyond a reasonable doubt the way it is in criminal court. Instead, it is based on a preponderance of the evidence. This means your personal injury attorney must present evidence that convinces the jury the defendant is more than likely responsible for causing your injuries and subsequent damages.
With this in mind, documenting your injuries and collecting valuable evidence will be crucial as we seek to prove liability and negligence. Here are some of the most significant types of evidence that could support your case:
Incident Reports
One of the most important documents you can get to support your case is incident reports. Your personal injury lawyer can gather some of the reports that may be more difficult to obtain, such as fire reports, accident reconstruction reports, work incident reports, or other official documents.
These incident reports will contain important details, including the parties involved, how the incident happened, the severity of your injuries, and the steps taken in the aftermath of the accident. Incident reports can also give important information regarding other types of evidence that could be used to support your case against the liable party.
Law Enforcement Reports
Your car accident lawyer will also obtain copies of reports completed by law-enforcement officials. These reports contain essential information about how the accident occurred and who is responsible.
They may also know potential witnesses to the accident, crucial details that can be used to prove liability, and are an authoritative resource that insurance companies, judges, and juries can trust. You can expect your attorney to use the information in law enforcement reports to obtain additional evidence and submit them as part of your claims.
Witness Statements
Your attorney will need to speak with witnesses to your accident so we can determine how your injuries occurred. However, bystanders and witnesses can also be deposed and asked to give testimony at trial. This way, the judge and jury can listen to a firsthand account of how the accident happened.
Your lawyer will have witnesses write down as many details as they can remember about the accident. This way, when the defendant attempts to challenge these details later on, the witness does not accidentally change their story. This could lead to questions regarding the reliability of the witness’s account. Additionally, witness statements can help accident reconstructionists and other experts with their investigation and determination regarding liability.
Photos of the Accident Scene
If you can do so, do not forget to take photos at the scene of your accident. Take pictures of your injuries, the damage to any involved vehicle, construction work, traffic conditions, weather conditions, or any other photos that could provide valuable evidence to your case.
These photos could help accident reconstructionists re-create the incident, provide essential details that may have been passed over by witnesses and those involved in the accident, and help the court see the severity of the incident you were involved in and your resulting injuries.
Opinions of Expert Witnesses
You can expect your personal injury lawyer to hire expert witnesses to analyze the details of your case. When experts get up and testify or send reports to the insurance company, it can give your case the edge it needs to be successful. If experts determined that the defendant’s actions or inactions were the cause of your injuries, you should be awarded the compensation you deserve.
Your Personal Journal
When seeking compensation for your damages, having a personal journal is crucial. Your day-to-day thoughts about how your injuries have affected your life, ability to complete tasks, engage in relationships with friends and family, and heal from your injuries can help the insurance company in court see how significantly your life has been affected.
This way, if the defendant argues you exaggerate the extent of your injuries, you have evidence that demonstrates otherwise. Your personal journal entries can also give insight into the value of your not economic damages, which need to be quantified by your attorney if you hope to be compensated fairly.
Insurance Information
If you have insurance coverage, gather and provide this information to your attorney. You should also get the insurance information and details of other involved parties, particularly if they could be responsible for causing your injuries. This way, you know which insurance company to file a claim with and can learn more about what the liable party’s insurance coverage entails.
Reports of Other Complaints or Accidents
You can rely on your personal injury attorney to uncover other incidents of accidents or complaints that have been made. For example, if you were involved in a work-related accident, and there are similar incident reports, this could help prove your case against your liable employer, supervisor, or colleagues. Companies that fail to address instances of negligence or complaints leave them open to liability when victims suffer injuries due to their inaction.
Your Work Information
If you hope to recover compensation for your lost wages, diminished earning capacity, and loss of employee benefits, you must provide documentation to support these losses. You might include copies of your pay stubs, latest tax filings, W-2s, and your employee handbook, which describes the various benefits you receive as an employee.
This way, you can receive compensation for not only your lost income but your loss of health insurance coverage that was previously provided by your employer, loss of paid time off, and loss of contributions to your retirement savings account from your employer.
Bills
It would be best if you were always prepared to prove the value of your damages, as a defendant will likely argue you are requesting far more than your claim is worth. However, if you can show copies of your medical bills, outstanding monthly expenses, vehicle repair costs, and other out-of-pocket expenses you are stuck dealing with, there should be more than enough information for the court system to grant you the restitution you deserve.
What to Do With the Evidence
If you gather any of the previously mentioned types of evidence, make sure you bring the documents and other details to your personal injury attorney so that we can be included in your case file. This way, when we deal with the insurance company and bring your case to trial, we can easily access the information we need.
Avoid These Personal Injury Documentation Mistakes
There are multiple mistakes you should avoid as you work on gathering evidence and other personal injury documentation. These include:
Accepting Blame
Never accept fault, express guilt, or accept responsibility for causing the accident. You may feel you must apologize in the aftermath of your injuries. However, if you do, this could be considered an admission of fault.
This is particularly true if you are dealing with an insurance company looking for a reason to reduce your settlement. Since Georgia follows a modified comparative negligence system, sharing blame will not necessarily prevent you from recovering the conversation you deserve.
If your portion of the fault is less than 50%, your settlement can be reduced in proportion to your percentage of the blame. However, this can substantially impact the amount of compensation you recover. Make sure you have your personal injury attorney protect you by accurately assessing liability in your case.
Lack of Evidence
One of the top mistakes injury victims make is failing to provide enough documentation and evidence to support their case. Take notes, videos, and photos every step of the way so you have more than enough evidence to prove not only the severity of your injuries but the way your life has been affected by the accident you were involved in and your resulting injuries as well.
Waiting to Get Legal Guidance
Do not make the mistake of waiting to get legal guidance and support. The statute of limitations for personal injury lawsuits in Georgia is just two years. This may seem like plenty of time to file your claim, but the sooner you start, the better. Evidence may be time-sensitive, and you do not want to risk losing it by hesitating.
How Our Personal Injury Attorneys Can Help
When you hire our personal injury attorneys at The Pendergrass Law Firm, you can breathe a sigh of relief. You do not have to worry about pursuing your case, as we have you covered. We will conduct a thorough investigation, gather and organize the evidence, and be prepared to go up against the insurance company while you recuperate.
Our team will also be prepared to bring your case to trial and present the evidence we have obtained before a judge and jury. That way, impartial parties can scrutinize the details and determine whether you should receive fair compensation for your damages.
Contact an Experienced Personal Injury Lawyer Today
If your injuries have turned your life upside down and you do not know where to turn for help, a dedicated personal injury lawyer at The Pendergrass Law Firm could make all the difference.
Our team can guide you through the claims process, identify liable parties, and help you maximize the compensation you recover. Don’t wait to get started. Schedule your free, no-obligation consultation to get started as soon as today. You can fill out our quick contact form or call us to take advantage of this opportunity.
