What Evidence Do You Need for a Personal Injury Case?
A personal injury case involves an individual who is injured, or even killed, in an accident where someone else is legally responsible for their injury or death. If you or a loved one is looking to file a personal injury claim but aren’t sure what evidence is needed in a personal injury case, the experienced and trustworthy attorneys at Grimes & Fertitta are here to help.
Why is evidence important in personal injury cases?
In an ideal world, victims of any type of accident or traumatic injury would be fairly compensated on the spot, but unfortunately, that’s not how it works. In order to obtain the compensation that you deserve, you will need to prove that someone else’s negligence caused your injuries and that they, as the responsible party, should cover whatever types of personal injury damages apply to your specific case — such as lost wages, medical expenses, pain and suffering, or wrongful death to name a few.
In order to prove a party is responsible, you will need to provide sufficient evidence to a judge or jury, meaning that you will need to hire the best personal injury lawyer Houston has to offer to help you gather that evidence in a timely and efficient manner.
What do you need to prove in a personal injury claim?
In order to win a personal injury case, it needs to be proven that:
- The party responsible for your injuries owed you a duty of care
- The party responsible caused your injuries as a result of that breach of care (negligence)
- Your injuries resulted in you suffering damages (economic or emotional)
These points can best be proven by collecting sufficient evidence. In your personal injury claim, you and your attorney will need to provide the following types of evidence:
1. Physical evidence from the scene
Whether you were in a car accident or suffered an injury in your workplace, it is important to document the circumstances that led to the accident/injury occurring. Physical evidence can include, but is not limited to:
- Photos or videos of the scene
- Clothing, equipment, tools, vehicles, or other tangible items involved in the accident
- Any damage to your person or your personal property
- Any damage done to company property (vehicles, equipment, etc.)
- Weather reports (if you believe the weather caused a dangerous environment)
Physical evidence from the scene of the accident can provide concrete facts that will aid your personal injury lawyer in their fight to get you what you deserve. A judge or jury is more likely to rule in your favor if your attorney can present concrete evidence that your injuries were caused by another party’s negligence.
Please note that you should only be collecting physical evidence if it is safe for you to do so. If your injuries are severe, your first priority should be to seek medical attention and focus on healing.
2. Eyewitness testimonies
Eyewitness testimonies are a great source of evidence that can help the judge or jury get the full story of what happened at the scene from different angles. Typically, accidents occur when other individuals, outside of the injured and at-fault party, are present and can help fill in some of the blanks.
For example, if you were in a car crash, the person that was driving behind you could have seen who hit who. If you were injured at work, your co-worker who was on shift with you can tell the story of how the accident played out. These details are crucial for helping your attorney to establish fault and help you get the compensation you deserve.
3. Documentation of injury
One of the most important pieces of evidence in a personal injury case is documentation of the injuries that occurred as a result of the accident. If the injuries that you sustained caused you to take time off of work (resulting in lost wages), undergo physical therapy, or leave with a heaping pile of medical bills, you should be compensated fairly for those expenses. In order to prove this, you need to provide documentation of your medical expenses.
This is most common in the form of medical records and bills that can spell out how long you were in the hospital and what treatments you received. Keep every bill, doctor’s note, medical prescription, or any other evidence of your care handy. This is your ticket to fair compensation.
What is the statute of limitations on injury claims in Texas?
If you are going to file a personal injury claim against the party responsible for your injuries, you have two years from the date of the incident to file a lawsuit. Although that can seem like a long time, it actually isn’t when you look at the potential full timeline of your case.
How long does a personal injury lawsuit take? A personal injury case can take anywhere from a few months to several years to complete, meaning if you procrastinate, you could end up losing your chance at obtaining your rightfully-owed compensation. The second you are able to, you need to call a personal injury lawyer that you can trust to actually win your case, and fast.
Need to gather evidence for your personal injury case? Contact Grimes & Fertitta for help and top representation.
The harsh reality is that without the help of an experienced attorney, personal injury cases are extremely difficult to navigate. In order to gather enough evidence to prove your claim, you need to hire the best injury attorney in Houston that you can find — and we don’t mean just any attorney, we mean the best of the best.
We know all of the ways in which insurance will try to avoid paying victims what they deserve for their injuries, pain, and suffering. The right personal injury attorney will help you to gather evidence and will go toe-to-toe with greedy insurance companies so that you can get the financial compensation that you and your loved ones deserve. And that right attorney is Grimes & Fertitta.
Call Grimes & Fertitta today at (713) 224-7644 or contact us online for a free case evaluation today!
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