How to Gather Strong Evidence for Your Accident Injury Case

Going through the arduous process of an accident injury case can be stressful and frustrating. Whether it was a car accident or if something happened in the workplace, collecting evidence to support your injury claim will be crucial in helping you win a case. It’s vital to start gathering as much evidence about the incident as soon as possible. You should use as many different types of credible sources to help prove you were not at fault. 

Police Reports

The police may have been some of the first responders on the scene of your accident and often collect evidence for their own reports. This is where personal injury attorneys can come in handy; they will be able to help you obtain these highly detailed reports which will be able to support your claim. Lawyers will also be able to help present your evidence in the best possible way to ensure you are successful in winning your case.

If you’ve been involved in a car accident, for example, the police may have some information you wouldn’t have access to, such as vehicle speeds and positions. This is arguably one of the most important places you can gather evidence from because it’s helpful to have professional and unbiased evidence.

Photographs

Nowadays, everybody is carrying their phone around with them. This is super helpful because you can use it to take photos at the time of the accident to show what happened. You can also use dashcam footage from cars or security camera footage from surrounding buildings.

You’ll want to take your own photographs or videos of as much physical evidence as you can – just in case any of it goes missing or is destroyed. This could include torn or blood-covered clothing, damage to cars, tyre marks on the road, faulty equipment and unmarked hazards. Sometimes you may have been involved with another person so video evidence of someone exhibiting troubling behaviour (such as being inebriated), can help redirect responsibility of the accident to someone else. Photographs can also prove the nature and extent of your injury and it may be helpful to periodically do this to show the progression of the harm caused to you. 

Things to remember when taking photo evidence:

  • Show different angles
  • Ensure the date/time are part of the file
  • Provide a commentary over the top of a video detailing what you’re showing and how it contributed to your injury

 

 

Personal Recount 

It’s important to remember the event so write it down as soon as you can while it is fresh in your memory. Try and make this as detailed as you can, including any relevant information such as the weather conditions, what happened in the lead-up to the accident, injuries that followed, and more. Some people find it helpful to make a voice recording when doing this, rather than writing it down, to help them produce a more thorough description.

Keeping a diary of events that follow the accident can help as well. Sometimes, details can come to light after the accident itself and writing everything down can ensure you don’t forget anything, such as an item you may have had to pay to replace as a result of the accident. 

Return to the Scene

You need to make sure you haven’t missed any potential supporting evidence, no matter how big or small. Returning to the scene of the accident can shed new light on what might have happened; look out for any signs of environmental negligence such as damaged equipment or hazardous surroundings. 

If the area is closed off, try and obtain permission from the relevant person to be allowed access. Be sure to document the date if your request is denied, as well as who and the reasons they gave for not allowing access. At the very least, you may also find someone around who saw what happened and who may be able to provide a witness statement. 

Witness Statements

At the scene of the accident, gather contact information of everybody that was around at the time. Be sure to speak to people who were there before and after, as well as during, because they may be able to provide supporting evidence of other details and not just the accident itself. People may have heard something, and not just seen, something which contributed to your injury so be sure to get as many details as you can from them. If they consent to it, it would be useful to record their account of what happened using a recording device.

If you didn’t or couldn’t manage to speak to people who were there at the time you were injured then try to contact them as soon as possible. The police should have some witness reports you can use if you can’t find anyone yourself.  You can also use witness statements from friends and family who observed your resulting injuries and other effects on your life.

Medical Records

Documents and reports from medical professionals should also be used as evidence. This can include things such as diagnostic reports, lab results, treatment plans, rehabilitation records, prescriptions, and therapy evidence which display the extent of your injuries and the costs of the medical care you received. Depending on your circumstances, previous medical records and clinical notes from your usual family doctor may be of use to you. You can also keep your own bills and receipts of items and services relating to your injuries – honestly the more the better! 

When communicating with a doctor about your injuries, be sure to be as detailed and as accurate as possible when describing your symptoms. This means the records and notes they keep will provide strong evidence of the ongoing difficulties you have had as a result of the accident.

 

 

Lost Wages

If your injury has meant you have missed out on income from your employer, you will want to document your loss by obtaining your employment and tax file. This is important to provide so you will be compensated correctly – is there anything else that has put you at a loss as a result of your accident? Write down everything that you think may have lost out on because of the accident. 

 

Remember, all evidence is important and can help with your case so collect as much as you can, but be sure to keep it organised. Your lawyer will be able to help you present your evidence in the best way to prove you were not at fault, as well as to get you the right amount of compensation. Think of the process as trying to build a portfolio of reasons why you deserve compensation and why you are not the one at fault!