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What Type of Evidence Do I Need For a Personal Injury Case?

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Posted By Legal Team | May 4 2023 | Personal Injury

If you or somebody you care for sustains an injury caused by the negligent actions of another party, there are steps you can take to recover compensation for your losses. You may be able to recover compensation through an insurance settlement or through a civil personal injury lawsuit filed against the at-fault party. However, various types of evidence will likely be needed in order to determine fault and secure compensation through these routes. Here, we want to examine the most important types of evidence typically used and a successful Florida personal injury claim.

Evidence Gathered at the Scene of an Injury

Some of the most crucial types of evidence used to prove an injury claim include evidence gathered right after the incident occurred. In some cases, the injury victim or those at the scene of the incident are able to obtain various types of evidence. Every injury claim is different, and there are times when it is not possible to gather evidence due to the severity of the injuries or the safety of the scene at hand. However, some of the most common types of evidence gathered at the scene of an injury include:

  • Photographs of the injuries, causes of the incident, and the surrounding area
  • Video surveillance captured on a mobile device
  • Video surveillance available from cameras near the injury scene
  • Statements from eyewitnesses
  • Statements from those directly involved in the injury
  • Damaged property (vehicles, clothing, stationary objects)

The number one priority right after an injury occurs is medical treatment for those who sustain injuries. Evidence should only be gathered by those at the scene if they can do so without putting themselves in any further danger and only if doing so will not cause further harm to those involved.

Additional Evidence Uncovered During an Investigation

There may be additional types of evidence gathered in the days, weeks, and months after the incident. The complexity of the claim and the severity of the injuries will play a role in the ongoing investigation. Depending on the type of incident, some of the following types of evidence may be uncovered as the investigation continues:

  • Information about criminal charges related to the incident
  • Vehicle data recording device information (black box data)
  • Mobile device data
  • Property owner safety records and training
  • Medical records related to the injuries

No two injury investigations are exactly alike, and a skilled personal injury lawyer will allow the investigation to unfold before working to secure compensation through a settlement or a personal injury jury verdict.

Expert Witnesses

In some cases, the evidence presented may not be enough to definitively prove what happened. It may be necessary to work with trusted expert witnesses who can put together statements for insurance carriers or testify at a personal injury trial. These expert witnesses can include accident reconstruction experts, medical expert witnesses, individuals with expertise related to elements related to the incident, and more. Your St. Petersburg personal injury lawyer will be responsible for securing expert witnesses if they are needed for your case.

The ultimate goal is to obtain enough evidence to help individuals recover compensation for their medical bills, lost wages, property damage expenses, and pain and suffering damages.

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