Even if you believe that someone is dead to rights for your injuries, it will take more than your word to hold them accountable and win damages for your losses. The concept of a preponderance of evidence governs personal injury cases. It’s a much lower threshold compared to criminal cases because you only need to prove that it’s more likely than not that the defendant was responsible for your injury. However, this is easier said than done. You need evidence, and in this blog, we’ll show you the different types of proof you can use to prove your claim. Join us below.
Photographic and Video Evidence
“The biggest benefit to using photographic and video evidence is the fact that they are hard to dispute,” says personal injury attorney Michael Ponce of Ponce Law Tennessee Car & Truck Injury Attorneys. So, if you still have your composure after the incident, use your smartphone to capture some pictures and videos of the scene. If you’re hurt, take clear snaps of your bruises. The same case applies to any damaged property.
It’s better to capture both videos and photos because each can reveal unique nuances that can shed light on your case. Remember, this should be done immediately after the incident before the scene is cleaned up.
Medical Documentation
Just because you do not have any visible injury after an accident does not mean you’re in the clear. Some injuries just take some time to show. What’s more, you could be injured already, but the adrenaline running through your veins is blocking the pain. Get yourself checked out, whether or not you have any visible bruises. Once your doctor starts treating you, there’ll be paperwork—lab test results, X-ray scans, doctor’s notes, and more. You want to keep this documentation intact because it may be valuable in proving your case.
Witness Statements
Was anyone else present when you suffered an injury? Did they see what happened? If your answer to these questions is “yes” and “yes,” then this person is a witness, and their testimony could make or break your case. A witness can provide details that you may have missed due to the commotion, corroborating your version of events and adding credibility to your claim. So, if someone was present, try to approach them and politely ask for their contact details.
Police Report
You also need to get a hold of the police report, which will be written by the cop who responded to the scene. This crucial document can also provide important details on the nature of your accident. It will contain the officer’s observations, notes on the conditions at the time of the crash, and their opinion about who was responsible. You can request this document from your local police station, and if there are any discrepancies, ask your attorney to address them.
Types of Witnesses and Their Role in Your Case
Expert Witnesses
Several types of witnesses can take the stand and give testimony in your case. Some weren’t physically there. For example, your lawyer may bring in a doctor to explain the nature of your injuries and how they will affect you in the future.
Personal Journals
If you don’t keep a journal, now is the time to get a pen and paper. Document how your injury affects your day-to-day life. Capture the adjustments that you’ve had to make so that you can cope. And don’t forget to be consistent, as this journal can provide a detailed account of how the injury affects your daily life.
Conclusion
Evidence is the bedrock of your case. You want to start collecting proof immediately after the incident because the road has to be cleaned up, and memories fade. Better yet, talk to a lawyer immediately, as this will give them more than enough time to start gathering evidence while it is still fresh.
Media Information:
Ponce Law Tennessee
(615) 235-0272
401 Church St Ste #2410 Nashville TN 37219
