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How To Gather Evidence For California Personal Injury Claims

Updated: Dec 16, 2022

Although almost anybody can file a personal injury lawsuit, it is more difficult to successfully navigate that case to a favorable outcome. You must prove that you were injured, the number of injuries, and that your injury was caused by the fault or carelessness of another party to win a personal injury lawsuit.

Let's talk about which types of evidence you can collect to prove your case, as advised by our Los Angeles, CA Personal Injury Attorney.

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A personal injury claim is a legal process that enables victims whose injuries were caused by another party to collect damages. For example, if you get into a car accident with a reckless driver, the reckless driver is legally responsible for paying for your medical bills, income loss, emotional distress, and other losses.

If you're unsure whether you can sue someone, contact a California Personal Injury Attorney to assess your case.

What Evidence Do I Need For An Injury Claim In California?

One of the most crucial parts of the personal injury claim process in California is proving your case. After all, you can't just accuse someone of causing you damages without the evidence to back it up. Here are the most important forms of evidence every California personal injury attorney will compile:

1. Physical Evidence

Physical proof is the first thing you should collect. This type of evidence may be presented to a judge and is tangible.

This might be anything from an object damaged during the injury to a bodily injury that can be readily presented in court. This is generally very persuasive proof because it can be seen in person without a doubt.

Because physical evidence is so substantial, remote trials have become a contentious topic at COVID-19. Some attorneys believe that nothing can replace an in-person trial.

Contact a prescreened California personal injury attorney to help you build your case as soon as possible.

2. Photos And Videos

Photos and videos are the second most convincing types of evidence you may offer after physical evidence. This is because photographs and videos document the incident's aftermath immediately after it occurred and over time.

So, if your case takes a long time to go to trial, images and videos will allow you to show exactly how your injury looked when it happened and how it has developed over time. You can also use photos and videos to show the scene.

If you have any photos or videos, make sure to show them to your Los Angeles Personal Injury Lawyer to be included in the case building.

los angeles personal injury lawyer

3. Medical Records

Medical records are an important piece of evidence to provide because the injury sustained is the most important aspect of your personal injury lawsuit. They can show the court when the injury occurred, a medical expert's view on it, and the care you've received since then, among other things.

This can help evaluate how much compensation your case is worth, as well as the validity of your claim, by demonstrating the date, extent, and costs of your injuries.

Request and save all medical documents, including doctor's appointments, medical bills, insurance statements, prescriptions, etc.

Other documents, such as a police accident report or job records demonstrating a loss of income, may be helpful in your case. As our prescreened California personal injury attorney would advise, keep any official documentation of the events surrounding your injury.

4. Witness Testimonies

If there were any witnesses to the incident, their statements might be used as evidence. A video statement, written statement, text message, email, or in-person testimony can all be considered admissible evidence and can be a powerful tool for presenting meaningful information that can help you win your case.

Witnesses must record their statements as soon as possible after the incident so they don't forget anything and their memory isn't questioned.

Your first goal following a personal injury will (and should) be to seek medical assistance; nevertheless, don't overlook the other important actions to take after a personal injury, such as a vehicle accident. Taking the appropriate steps straight away can help you gather crucial evidence to create a stronger case.

How Do You Prove Negligence In Personal Injury?

Again, you can't just accuse someone of being liable for your injuries without evidence. To establish negligence, a defendant should fit the following qualities:

  • They had a "duty of care." For example, drivers must drive safely and follow traffic laws.

  • They breached the "duty of care." Using the same example above, the driver will have breached their duty if they drove drunk or carelessly.

  • The breach of duty caused an accident.

  • The accident leads to damages, including economic and non-economic losses.

One of the first things a California personal injury attorney will do is to identify the possible liable parties in your accident. Do note that there could be multiple defendants in your case, so an experienced personal injury lawyer in California must review your case.

How Do You Prove Emotional Distress Damages In California?

There is no receipt to show the severity of the emotional distress you suffer. However, there are several ways to represent how dire your emotional situation was because of the accident, including:

  • Writing a journal. Describe the physical, financial, and emotional suffering you endure. You can also add dates to help line it up with your personal injury lawsuit timeline.

  • Finding witnesses. Your family, friends, and caretakers will have witnessed the emotional suffering you endure as you struggle to recover from your injuries. Their witness testimonies will be crucial.

  • Visiting mental health professional. Your psychiatrist, therapist, or counselor will also have witnessed how the accident or injuries affected you.

All of the above mentioned aboveaboveabovebe considered evidence or indicators of emotional distress. Despite being more "intangible" than monetary damages, there are ways (such as the ones above) for your suffering to be documented.

What Is The Personal Injury Statute Of Limitations In California?

The personal injury statute of limitations in California is two years. If you don't file a claim before then, you lose the chance to do so entirely.

los angeles personal injury attorney is a trusted, free Lawyer Referral Service certified by California Bar Association. We can refer you to a fitting prescreened California personal injury attorney best fit to help you. You can complete this submission form or reach us through our 24/7 live chat for a FREE INITIAL CONSULTATION.

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