Important Evidence in Personal Injury Cases

Evidence is the foundation of a personal injury case in California. There needs to be evidence proving the truth of the claim being made by the plaintiff or injured party. Knowing what types of evidence are the strongest to support a personal injury case can help you gather the right documents, reports and records as an injured victim.

How Much Evidence Do You Need?

In a civil case such as a personal injury claim, the burden of proof that needs to be met by the plaintiff is “shown with a preponderance of the evidence.” This means the defendant or accused party most likely caused the harm being claimed. This is a lower burden of proof than what is used in the criminal justice system: “proof beyond a reasonable doubt.”

What Do You Need to Prove?

The elements of proof in a personal injury claim are duty, breach of duty, causation and damages. These elements make up negligence, an important legal doctrine that is used in the majority of personal injury cases. The evidence provided must show that the defendant owed the plaintiff a duty or responsibility to act with reasonable care, failed to uphold this duty (breach), caused the incident, and created real losses for the plaintiff.

Police Report

Getting a police report, or another type of incident report in a non-emergency situation, can be an important step in proving a personal injury claim. An accident report can list the key details and facts surrounding the event, including:

• The date, time and location 
• A description of what happened
• The names of the parties involved
• A list of visible injuries
• Descriptions of property damage
• Statements given by witnesses
• Official accident scene photographs
• Crash diagrams (in car accident cases)

An accident report provides an unbiased account of what happened and the injuries seen at the scene. It can help strengthen a victim’s claim and establish fault. Even if the law does not require you to report an accident, it is the right choice if you wish to prove that someone else is liable for your injuries.

Photos and Videos

Photographic evidence is another important tool to build a personal injury case. Photos and videos can provide clear, uncontestable evidence. Surveillance footage of a motor vehicle driver running a red light, for example, can clearly depict that driver’s fault for a collision. If you can, take pictures at the scene of your accident and look around for any cameras before you leave.

Witness Testimony

Talk to people at the scene of your accident, if possible. Gather statements or write down their names and contact numbers to collect statements later. Testimony can also be given by expert witnesses: hired professionals with expertise on a certain subject that’s relevant to your claim. Common examples are medical experts and crash reconstructionists.

Proof of Losses

In addition to evidence that establishes fault for an accident, you also need proof of your injuries and the losses for which you are claiming financial damages. Proof of losses may include medical records, hospital bills and future care costs, property damage repair estimates, photos of injuries, receipts for out-of-pocket expenses, and a journal detailing your pain and suffering.

Depending on the circumstances, you may also be able to use cell phone records, documents and records kept by an employer, vehicle black box information, maintenance logs, and various other types of evidence to prove your claim. A skilled personal injury lawyer can preserve and gather key evidence on your behalf.