How to Collect Evidence for a Personal Injury Case
Posted in Personal Injury on January 19, 2022
If you file a personal injury lawsuit in Missouri, you are responsible for proving the defendant’s negligence. However, establishing liability can be difficult without a large quantity of high-quality evidence. To secure a settlement in your future claim, it is critical to collect as much evidence as possible, including photographs, medical records, and police reports.
How to Prove a Personal Injury Lawsuit
To know how to collect evidence for a personal injury case, it is important to know how to prove a lawsuit. Successful personal injury claims meet four elements: duty, breach of duty, causation, and damages.
- Duty: The at-fault party owed you a duty of care at the time of the incident.
- Breach of Duty: The at-fault party breached his or her duty of care.
- Causation: The at-fault party’s breach of duty caused your injuries.
- Damages: You sustained damages that you can collect in your lawsuit, which may include medical expenses, lost wages, property damage, and pain and suffering.
Types of Evidence to Collect After a Personal Injury Lawsuit
There are several pieces of evidence that you can use to establish each of the above elements and establish the at-fault party’s negligence. After the accident, take careful steps to identify, collect, and preserve the following pieces of information.
You may report your accident to the police after your injury. While not all accidents require a police report, this document is a crucial piece of evidence that can help validate key facts about your case. In the days after the accident, contact your local police or law enforcement office and request a copy of the police report.
To secure compensation in your claim, you need to prove the nature and extent of your injuries. Your medical records will document this damage, helping you establish your right to recovery. After the accident, collect all records and documents related to your medical care, such as bills, lab results, discharge instructions, and diagnostic reports.
Photos and Videos
Photographs and videos can be very helpful in documenting the aftermath of an accident. If you are able, take as many photos and videos as you can of the accident scene, keeping the following considerations in mind.
- Ensure to take photos of your injuries, the accident scene, and property damage.
- Take photos from multiple angles to increase visibility.
- Take videos when applicable to strengthen your evidence.
- Ensure that the photos and videos are time- and date-stamped.
- After the accident, return to the scene around the same time. Take photos of what the accident scene looks like on a normal day.
If any witnesses saw the accident occur, their statements could be valuable in validating your version of events and establishing the at-fault party’s liability. After the accident, collect names and contact details from witnesses in the area for use in your future case.
After an unexpected accident in Missouri, it can be difficult to know what to do next. Once you receive medical care for your injuries, speak to a Kansas City personal injury lawyer as soon as possible. Your attorney can help you understand your legal options and take the first steps toward filing a claim.