What Evidence Is Needed for a Personal Injury Claim?

November 25, 2024 | By Colombo Law

Evidence is a critical component of a personal injury claim. To obtain compensation, you must be able to establish key facts that ultimately come down to your ability to prove them through evidence.

However, what constitutes reliable evidence, much less how to obtain it, is not always obvious. If you believe you have a personal injury claim and are trying to get proof, your best option is to consult with an experienced Ohio personal injury attorney who can evaluate your claim, including what evidence you will need to recover compensation, and help determine the best path forward.

For a FREE case review with the attorneys at Colombo Law, call us in Columbus at 614-362-7000 or in Cincinnati at 513-599-8841 today. Our personal injury lawyers serve clients throughout Ohio.

How to Prove a Personal Injury

Before we look at specific types of evidence, it is important to understand that you are not just trying to prove one thing. Instead, you need to be able to prove three key elements to have a viable claim: causation, damages, and liability.

Let’s take a closer look at each.

Evidence of Causation

First and foremost, you must prove that there was direct causation between an act of negligence by another party and the accident or incident that caused your injuries and damages. In some situations, this is relatively straightforward.

For example, if you were in a car accident and you have video footage and eyewitness testimony proving that it was caused by another driver pulling out in front of you, causation will be clear.

However, causation can sometimes be difficult to establish, requiring a deep investigation to examine cell phone records, medical documentation, and other forms of evidence to draw a clear line of causation. Regardless, this is an imperative step for a viable personal injury claim.

Evidence of Damages

Once you establish causation, you then must be able to prove that the incident resulted in damages. Damages refer to both economic and non-economic losses, including:

Medical bills
Lost wages
Pain and suffering
Loss of enjoyment of life
And more

It must be clear that the damages you have suffered were directly caused by the incident. While this may be obvious to you, the insurance company may try to argue that your losses were caused by a different incident or a pre-existing condition. You need to be able to prove them wrong.

Evidence of Liability

Finally, you will need to prove that the negligent party is liable for your damages. In some cases this requires establishing a certain duty of care, such as in a doctor-patient relationship.

Liability may also relate to the nuance of particular laws. For example, with a premises liability case, you do not automatically qualify for compensation simply because you are injured on someone else’s property. Instead, you must be able to prove that the owner was aware of the hazardous condition that caused the accident and chose not to remedy it. This would establish clear liability for your damages.

Types of Evidence in a Personal Injury Claim

Now let’s take a closer look at specific types of evidence and why they are important for winning a personal injury claim.

Medical Records

Establishing your injuries is a key component of a personal injury case. While they may be clear—and painful—to you, you should not expect an insurance company or court to simply take your word for it.

Instead, you must have a clear trail of medical documentation that describes your injuries in detail, as well as the treatment plan. You should also keep all documentation related to follow-up appointments, as well as any bills you receive.

Witness Testimony

When a neutral third party observes an incident and can clearly recount the events, it lends significant credibility to a claim. Their perspective is often seen as more objective, as they have no stake in the outcome of the case and no reason to distort the facts.

Eyewitness testimony can also provide key details about how the accident occurred, which can support your version of events.

Photos & Video

While video evidence showing the accident taking place can be invaluable, it is not always available. Fortunately, there are other types of photos and videos you can collect that document the accident scene, your injuries, and other key pieces of information.

These can often help solidify the facts of your claim much better than a written statement on its own.

Incident Reports

Police reports are not generally admissible as evidence in court, but they still serve as crucial pieces of information in certain cases, such as car accident claims. Insurance companies usually rely on them while performing an investigation to determine fault.

This is why it is important to avoid any language that could be interpreted as admitting fault—such as “I’m sorry…” or “I didn’t mean to…”—after an accident, even if you do not intend to accept responsibility. Instead, keep your communication to a minimum and simply answer the officer’s questions.

Physical Evidence

In some cases there may also be physical evidence available. This may include:

Damaged property
Torn clothing
Defective products
Maintenance logs
And more

These pieces of evidence can be especially impactful if your case goes to trial and must be argued in court.

Expert Testimony

While eyewitness testimony can help determine how an incident unfolded, expert testimony can help to establish why. For example, an expert truck mechanic may be asked to analyze truck accident wreckage to determine if the truck was properly maintained.

Similarly, in birth injury claims, a medical professional can provide expert testimony explaining what a competent physician would have done in a particular situation.

How Do You Gather Evidence for a Claim?

How evidence is gathered depends on the type of evidence it is. Photo and video evidence should be gathered as soon as possible after an accident takes place. Other types of evidence, such as medical records and physical evidence, may take longer to obtain.

Generally, the best course of action is to work with an experienced personal injury attorney who can not only identify the best evidence available but also gather and collect it during their investigation.

Get Help with Your Personal Injury Claim

Collecting evidence is one of the most critical components of personal injury claims. It is also one of the most difficult and time-consuming aspects of the process. A thorough investigation requires a detailed understanding of how different types of evidence are perceived by insurance companies, lawyers, and juries.

This is ultimately why working with an experienced, resourceful personal injury attorney can make all the difference when it comes to collecting evidence and winning the maximum compensation for a personal injury. At Colombo Law, we are passionate advocates for all injured accident victims, and we’re here to help you through this difficult time now.

For a FREE review of your personal injury claim, contact Colombo Law today. Our lawyers serve clients in Columbus, Cincinnati, and all of Ohio.