The Importance of Documenting Evidence in Personal Injury Cases

When you’re injured in an accident, it’s easy to focus on the pain, the disruption to your life, and the mountain of medical bills. But if you’re considering a personal injury claim, there’s one thing you can’t afford to overlook: evidence related to the accident. The right documentation can mean the difference between a successful case and one that falls flat.

Not sure why evidence matters or what you need to do to collect it? We’ll explore what you need to know below.

Why evidence matters

Every year, almost 40 million people are injured through no fault of their own. It might be a slip-and-fall injury at a business. It could be a car accident where the other driver was distracted by their phone. Maybe it’s a hit-and-run involving a pedestrian.

Whatever the situation, these cases all have one thing in common: someone was injured because of another person’s negligence. They’re now facing mounting medical bills, lost wages due to time out of work, and physical and emotional pain, all because of something that wasn’t their fault.

The good news is that by collecting evidence and working with an experienced personal injury attorney, it’s possible to hold the at-fault party accountable.

What counts as evidence?

In a personal injury case, evidence is your best ally. It’s what tells the story of what happened, how it affected you, and why the other party is responsible. But what counts as “evidence”? You might be surprised at what the court will and won’t allow. Here are the types of evidence you’ll want to collect:

• Medical records: These are the foundation of your claim. They show the extent of your injuries, your treatments, and your long-term impact on your health. Without medical records, there’s nothing that shows you experienced negative outcomes from the accident.
• Photographs and videos: The saying “a picture is worth a thousand words” holds as true today as ever, especially when it comes to accident scenes. Photos of the damage, injuries, and any hazards that contributed to the accident can strengthen your case. Take the time to document everything possible with photos and videos. If you’re not able to do it, have someone you trust to handle it.
• Witness statements: Eyewitnesses can provide an unbiased account of what happened. These might be other drivers, other customers, passersby, and more. Their statements can corroborate your version of events and add credibility to your claim.
• Police reports: If law enforcement was involved, their report could offer an objective summary of the incident, including any citations issued. While it might not be admissible in court, it can help your attorney to have this information.
• Receipts and bills: Keep records of every expense related to your injury—medical bills, therapy costs, lost wages, and even mileage for doctor visits. These documents prove the financial burden you’ve shouldered.

Note that there are some pieces of information that might seem like evidence but actually aren’t admissible. For instance, hearsay isn’t admissible in your personal injury case except in very specific circumstances. Your attorney can explain how this might factor into your case.

How to document evidence like a pro

It might feel overwhelming to think about gathering all this information while dealing with an injury, but a little organization can go a long way. Here’s how to do it:

Start early

As soon as you’re safe, begin collecting evidence. Memories fade, and accident scenes change, so the sooner you document, the better. If possible, begin documenting everything at the time of the accident or injury. Just make sure to get medical attention first.

Take detailed photos

If it is safe to do so, use your phone to capture every angle of the scene. That includes road conditions, weather, damage to vehicles or property, and visible injuries. If you were injured on a business’s property, take pictures of the hazard that led to your accident.

Keep a journal

Write down everything you remember about the accident, from what you did to how you felt afterward. Continue to document your recovery, including pain levels and how your injury impacts your daily life. The more detailed your entries, the better because you connect what you’re experiencing each day to the accident and injuries you sustained.

Secure witness information

Get the names, phone numbers, and email addresses of anyone who saw the accident. Ask them if they’d be willing to provide a statement. If the accident happened where there was a video being recorded (traffic cameras, store security cameras, etc.), tell your attorney so they can try to secure footage.

Organize your records

Keep all your documents in one place, whether it’s a physical folder or a digital one. Include receipts, medical reports, and correspondence with insurance companies. Having everything organized in one location makes it easier to stay organized, provide your attorney with information when they need it, and more.

Why evidence matters so much

When you’re making a personal injury claim, you need to prove three things:

• Someone else was at fault.
• You were injured because of their actions (or inaction).
• You’ve suffered damages as a result.

Without evidence, your case becomes a matter of “he said, she said.” That’s a gamble you don’t want to take, especially when insurance companies are looking for any reason to deny or minimize your claim.

How Gainsberg Injury and Accident Lawyers can help

Collecting evidence can feel like a full-time job, especially when you’re trying to recover. That’s where we come in. At Gainsberg Law, we know exactly what evidence you need to build a strong case, and we can help you gather, organize, and present it effectively.

Don’t let a lack of documentation weaken your claim. Reach out to us today for a free consultation. Together, we can ensure that your story is told and backed by the evidence that matters most.