Gathering Evidence After a Personal Injury Accident

26 Jun Gathering Evidence After a Personal Injury Accident

The evidence gathering involved in a personal injury claim is a very important part of the entire case. According to several injury lawyers, in order to make sure you have a strong case, it is important to know what evidence is necessary and how to go about securing that evidence.  The evidence in the case will be the determining factor in whether an injured party wins or loses his/her claim.

Medical Records

As the injured party, it is essential to make a very detailed listing of any injuries.  You can begin the process by keeping some of the following information in mind—our law firm will take care of the rest for you.

• Be sure to write down all the details of the accident as soon as you possibly can. You need to write down every important detail such as the extent of the injuries and the effects of those injuries on your daily life. It is important to continue to make notes as you meet with your doctors and medical providers. You should continue to make notes throughout the claims process.
• If you were injured in a car accident, one of the most important things is to take pictures of any damages to your vehicle. It is also important to retain copies of all accident-related paperwork including receipts for car repairs, letters from the insurance company, and any other type of information that is related to the accident or to your injuries. The Barrix Law Firm in the Western Michigan area is where you can find the necessary legal aid.
• You will also need to obtain a copy of the police report if the personal injuries are the result of an auto accident. The auto accident attorneys serving Portland claim that even though a police report is generally not admissible in court proceedings, it can provide a means for settlement negotiations and includes a few important assessments and facts concerning the accident.
• Patients have a right under the Federal Health Information Portability and Accountability Act (HIPAA) to obtain a copy of their individual medical records from all medical providers. In order to obtain those records, all that is necessary is to file a Medical Records Request form. It will be necessary to make a special request to any third party providers such as specialists that may not be included in the original requests.

Guidelines for Presentation of Evidence

The presentation of evidence is pertinent in any personal injury lawsuit if the injured party is to receive a fair award for damages. When the injured party submits proper documentation, it is extremely helpful in assessing fault in any personal injury lawsuit. The documentation also helps the insurance companies, lawyers and/or court determine the amount of damages to be assessed in the case. Failure to have the proper evidence can be detrimental to the victim’s case.

Anyone who has been injured because of the negligence or deliberate acts of another party needs to have the following forms of evidence available:

• Physical evidence including tangible items which may include pieces of broken lights or pieces of clothing. It is important to avoid making any alterations to those items after the accident.
• Make note of any evidence from the scene of the accident such as skid marks, non-functioning traffic lights, slippery floors, and perhaps even the location of the sun.
• Make sure to keep any important papers and other records that related to the injury, including bills from doctors and the hospital, records of lost wages, receipts for related expenses, etc.
• The statements of witnesses are also very important in a personal injury case and include written and recorded statements.
• Photos and videos are also very solid pieces of evidence – if you are able to obtain them.

If you’ve been injured in an auto accident or suffered a personal injury in any other way, a personal injury lawyer or a car accident lawyer can assist you with your legal options.