Evidence That Can Be Gathered in a Personal Injury Case
When a personal injury claim is made, there needs to be evidence to prove who the at-fault or negligent party was. This all happens separately from any criminal charges that may be brought against the at-fault party. For instance, if you were in a car crash and the negligent party was written a ticket by the police for speeding, that becomes evidence towards your personal injury case but it is likely not comprehensive enough to prove why you deserve compensation for damages. You must collect as much evidence as you can to prove why you deserve the financial compensation you are demanding in your personal injury case. A qualified Naples personal injury attorney can help with collecting this documentation and compiling it to show what your case is worth.
Evidence From The Scene
Depending on what your personal injury claim is for, the police may already have investigated the scene. For instance, if you were in a car crash, the law enforcement agency that has jurisdiction of that road was probably at the scene and will have witness statements and photos included in their final report. However, if you had a trip-and-fall in a store because of a wet floor, the police would not be involved. In this case, it is crucial you collect as much from the scene before it changes. Photos of the wet floor without any appropriate signage, witness statements, and possibly even security camera footage can become useful in these scenarios. Evidence from the scene can include:
- Tire marks at a crash scene;
- Location of each vehicle and debris at a crash scene;
- Photos of the crash scene and other cars;
- The shoes and clothing you were wearing during a slip and fall;
- Photos of the floor or walking surface at a trip and fall;
- Witness testimony; and
- Video footage from passersby, cell phones, dash cams, traffic cameras, and surveillance cameras.
Evidence of Your Injuries
Again when it comes to your personal injury claim, photos can be important for documenting injuries, especially bruising which will naturally disappear over the course of several days. It is also important to see a doctor for your injuries and have medical documentation of your suffering. For instance, whiplash or a back injury may not initially be apparent or be visible to the eye, but can have serious implications to your daily life and ability to work.
Pain and Suffering
Certain injuries incur more pain and suffering than other injuries. For example, a fractured finger may not garner much in terms of pain and suffering, while the pain and suffering caused by a severed spinal cord would be “worth” more than one’s medical bills by a wide margin. Pain and suffering is calculated based on medical costs and other expenses, and evidence of pain and suffering needs to be included in your personal injury claim in order to for fair negotiations to take place.
Bills and Lost Wages
According to Debt.org, the average cost of a day in the hospital is $3,949 and the average stay in the hospital accumulates to $15,734. All of the medical bills, from doctor’s invoices to receipts for medical devices you have to purchase, need to be saved for the personal injury case. Aside from medical bills you should also collect any repair bills for property damage or receipts from replacement items you’ve had to purchase as a result of lost property. While not a direct expense, you must also get documentation of any lost wages. For instance, if you suffer from a traumatic brain injury (TBI), it could take years to return to your job. Northwestern University reported that the unemployment rate for the average adult two years post-diagnosis for a TBI was 60 percent.
Emotional Distress or Turmoil
Emotional turmoil includes depression, anxiety, Post Traumatic Stress Disorder, anger, and other emotional harm that the other party caused because of the injury. Evidence of emotional distress or turmoil can be difficult to prove, which is why it may be necessary to seek psychological testing to prove that it exists. While you may not want to immediately begin therapy or counseling at this time, many forms of emotional distress can be tested for and documented as part of your personal injury claim.
Contact a Naples Personal Injury Attorney Today
If you have suffered injuries as a result of someone else being negligent, they need to be held responsible for your financial losses along with the emotional distress you have gone through. Let the knowledgeable Naples personal injury attorneys at The Law Offices of Marc L. Shapiro, P.A. handle your case. Call our team at 239-649-8050 to schedule a free consultation today.