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VALUABLE EVIDENCE IN A PERSONAL INJURY LAWSUIT


Sep 5, 2017

If you have suffered injuries due to someone else’s negligent acts, then California law may entitle you to recover damages as compensation for your various injuries. Whether you successfully recover for your injuries depends on the strength of your case—both from a legal and factual (evidentiary) perspective. No matter how straightforward the case may appear, you’ll have to provide evidence to prove your injury claims.

For example, if you have been injured in an accident and were forced to take time off of work, you’ll have to present documentation (i.e., pay stubs, work schedule, etc.) that proves your absence.

In a California injury case, there is a wide range of evidence that may prove valuable for successful litigation of your claims. Each case is unique and the critical evidence may differ quite significantly depending on the circumstances. The following is a non-exhaustive, general list.

Witness Testimony

Witness testimony is critical to the successful litigation of most injury claims.

Suppose that you are injured in a slip-and-fall accident in a department store and there is no video camera footage of what occurred. You may have to rely on eyewitness accounts of the accident.

By contrast, you may want to bring in an industry expert to testify about a product defect and the dangers of the product that caused injuries. The assertions of this expert witness will be useful in supporting your injury claims.

Material Evidence of the Accident

In some cases, there is physical evidence of the accident. For example, if you are involved in a motor vehicle accident, then your damaged vehicle can be used to analyze the nature of the accident. Using such evidence, accident reconstruction experts can assess the damage to the vehicle and determine vehicle speeds and the impact forces that you were exposed to.

Medical Reports

All legitimate personal injury claims invariably involve a damage component. The defendant will almost certainly challenge your damage claim. Any claims for medical expenses, pain and suffering, emotional distress and other losses must be supported by evidence, such as medical reports with information on the injuries and the cost of treatment/diagnosis.

Police Reports

Most serious accidents involve law enforcement officers and a police report. Police reports are not always comprehensive, but they are “neutral” observations by trusted law enforcement officers and typically include identifying information, on-site witness accounts, and more.

Payment Records

If you have been seriously injured, there’s a good chance that you’ve been forced to take some time off of work to rest and recover. Wage loss claims must be supported by evidence of time actually absent from work. For example, if you were forced to change to a part-time position at work for a period of time, then you would want to bring forth evidence of your full-time payment records and part-time payment records. Proof of disparity will support your wage loss claims.

Photographic Evidence

Photographic evidence is incredibly valuable when physical evidence is unavailable. For this reason, it’s often recommended that those who have been injured return to the scene of the accident as soon as possible and take photographs. Photographs of your injuries around the time of the accident can be a powerful visual aid for showing the damage that was caused. Similarly, photographs of your damaged vehicle can be useful in a motor vehicle accident case.

If you have been injured due to the fault of another, California law may entitle you to recover damages from the at-fault defendant(s). Injury claims can be complicated; however, it’s important that you consult with a skilled personal injury attorney who has a long track record of success. Call West Coast Trial Lawyers at (888) 888-9285 to schedule a free consultation with an experienced Beverly Hills personal injury lawyer today.