When it comes to personal injury claims, the adage “the proof is in the pudding” is better translated to “the success is in the evidence.” At Foster Wallace, LLC, we understand that a well-documented injury claim is the cornerstone of getting justice for our clients. Let’s break down the role of evidence in solidifying your injury claim.
The Role of Evidence in Injury Claims![evidence]()
Evidence is what substantiates your claim to the defense lawyer and/or the insurance company and, if necessary, to a jury in court. It paints a picture of the incident, illustrating not only what happened but also the impact it has had on your life.
Types of Evidence That Can Strengthen Your Claim
Medical Documentation
- Medical Records: These are critical and include everything from emergency room visits to physical therapy sessions.
- Bills and Receipts: All costs associated with your injury should be recorded and kept. We typically order affidavits from providers that are signed by a records custodian that state the bills and records are authentic.
- Expert Testimony: Sometimes, the opinion of a medical expert is necessary to explain the extent of your injuries, that the accident caused your injuries (or aggravated prior issues) and the future impact of your injuries.
Official Reports
- Police Reports: If law enforcement was involved, their reports could provide an objective account of the incident. But be careful, sometimes these reports are wrong and are considered hearsay in court.
- Accident Reports: Reports filed by businesses or property owners where the injury occurred can also serve as evidence.
Witness Statements
- Eyewitness Accounts: People who saw the incident can provide statements that support your version of events.
- Family and Friends: Testimonies from people close to you can illustrate the injury’s impact on your personal life.
Photographic and Video Evidence
- Scene of the Accident: Photos or videos taken at the accident scene can show contributing factors like hazardous conditions.
- Injuries: Documenting your injuries through photographs can be a powerful indicator of the severity of the incident.
Personal Evidence
- Diary or Journal Entries: Keeping a record of your daily pain levels, emotional state, and recovery progress can be very persuasive.
- Employment Records: Documenting lost work hours and the impact on your career is crucial for claiming lost wages. We typically get signed authorizations from our clients’ employers that state how much money they lost because of the accident and the time they had to miss from work.
How Foster Wallace, LLC Utilizes Evidence
Our approach involves meticulously collecting and preserving all forms of evidence. We then use this evidence to build a compelling narrative for your claim, whether it is during negotiations with insurance adjusters or in arguments before a judge and jury.
Tips for Preserving Evidence
- Act Quickly: Collect evidence as soon as possible after an injury. Over time, memories can fade and physical evidence can deteriorate or be lost.
- Stay Organized: Keep all documents, photos, and records related to your injury in a secure and organized manner.
- Limit Discussion: Be cautious about discussing your injury on social media or with others as these statements can be used as evidence too.
