Gathering Evidence for Your Personal Injury Claim
If you sustained injuries in a Colorado accident, you might have a valid personal injury claim against the person or party who hurt you. A successful claim could provide compensation for the harm you suffered, such as medical bills, lost wages, pain and suffering, and changes to your quality of life. However, you cannot secure compensation from the at-fault party unless you can prove they are liable — or legally responsible — for your losses. And proving liability requires compelling evidence to support your case.
Collecting evidence in a personal injury case can be labor-intensive. It’s not a job you should do alone. Get the attorneys at Earl & Earl, PLLC, on your side. We can investigate your case and gather solid proof showing why you deserve full and fair compensation for your injuries.
Consulting a personal injury lawyer right away is essential. Crucial evidence can disappear or deteriorate over time, but our legal team can get started immediately to preserve it. Call or contact us today for a free consultation.
Establishing Negligence Through Evidence
Most personal injury claims hinge on proving negligence, or that someone failed to take reasonable steps to avoid causing another person harm. You prove your case by establishing the so-called four elements of negligence.
But just what are the four elements of a claim? You must show:
- The responsible party owed you a duty of care, meaning they had an obligation to take reasonable steps to prevent you from harm.
- That party failed in their duty to you.
- You suffered an injury as a result.
- Financial compensation can “make you whole” again.
You must satisfy these criteria to recover compensation in a Colorado personal injury claim. That’s why strong evidence is vital.
Types of Evidence in a Personal Injury Case
Physical evidence, expert and eyewitness testimony, and written records are the most common forms of evidence in a personal injury claim. Physical evidence includes anything tangible from the accident scene, such as:
- Damaged property
- Torn clothing
- Open containers of alcohol or drug paraphernalia
- Skid marks
- Bullet shells
- Hairs, blood, and other DNA evidence
- Fingerprints, footprints, and other trace evidence
Physical evidence is also referred to as material evidence or real evidence.
Other types of evidence in a personal injury case include:
- Medical records and medical bills
- Prescription receipts
- Photos or videos of your injuries, the accident scene, and property damage
- Police accident reports, including audio recordings of 911 dispatch calls
- Insurance documents
- Repair bills
- Eyewitness statements
- Expert witness testimony
- Cell phone records
- Social media history
- Surveillance and investigative evidence
- Pay stubs and employment history
An experienced personal injury attorney can identify and collect persuasive evidence to support your claim for maximum compensation.
How Physical Evidence Can Help Your Personal Injury Case
The more physical evidence you can provide, the stronger your personal injury claim will likely be. Remember, physical evidence refers to what insurance agents or jury members can see and touch.
For example, if you were hit by a car while riding your bicycle, your bike probably suffered serious damage. Looking at the extent of the damage and where the impact occurred can be powerful evidence supporting your case. Another example would be looking at bloodied clothes you were wearing at the time of the accident. This evidence makes it much easier to believe that your injury is real and has impacted your life negatively.
Can I Gather Evidence to Help My Personal Injury Claim?
You can lay the groundwork for a strong personal injury claim by gathering and preserving as much evidence as you can as quickly as possible. This evidence could include photos of the scene, the contact information for any witnesses, and documents confirming your injuries and the cost of treating them.
The more evidence you can provide your attorney, the better equipped they will be to pursue the full compensation you deserve. Don’t stress if your injuries prevented you from gathering evidence at the accident scene. Lawyers are highly skilled investigators who work with other professionals to obtain the proof needed to build a robust legal claim.
Is There Some Evidence Only a Lawyer Can Get?
You’ll need a lawyer’s help to collect certain evidence. For example, your attorney may need a court order to obtain cell phone records or a subpoena if a property owner refuses to release video from a surveillance camera. A legal process called a demand for inspection might be necessary to gain access to a personal or business property to observe pertinent details about a physical space.
Preserving Evidence After an Accident
It is common for physical evidence to be destroyed, removed, repaired, or sometimes even lost before it can be documented. Witnesses can be difficult to locate over time, and by then their memories may be cloudy. Even your memory of events can be imprecise after an injury.
To the extent you can, it’s critical to preserve whatever evidence you can about the accident and your injuries. You should:
- Call the police to conduct an investigation and prepare a written report.
- See a doctor or other medical professional as soon as possible. Don’t wait for your bruises to fade or the swelling to disappear. Get your injuries diagnosed and documented immediately.
- Take photographs or videos of your injuries, the accident scene, and the surrounding environment.
- Ask for contact information from witnesses and from every involved party.
- Seek mental health treatment for any emotional or psychological difficulties you experience in the wake of the accident.
- Write down everything you can remember about the accident.
- Keep a journal of your physical pain, thoughts, and feelings.
It will be much harder to convince an insurance adjuster or jury of the severity of your injuries and the other party’s liability for them without evidence beyond your medical records. While your medical records form the foundation of your personal injury claim, you need proof from other sources to back up your case.
Contact a Personal Injury Attorney Today
The personal injury lawyers at Earl & Earl, PLLC can help you collect and preserve the evidence you need to demand the compensation you deserve after an accident in Colorado. Call or contact us today for a free case review. We have offices in Colorado Springs, Castle Rock, Grand Junction, Denver, and Pueblo.
Contact us today for a free, no-obligation consultation about your unique case and your options for pursuing justice.