Evidence can be the difference between a loss and a win when it comes to personal injury litigation. Though most personal injury lawsuits are settled before they even go to court — between 95% and 96% of them, plaintiffs only win half the time. In many cases, not having evidence could mean that the case is just about hearsay, which might not bode well for the injured party. The time to start collecting evidence is right after the accident happens and should be an ongoing effort until the case is settled. Here are three things an injured person needs to take note of and document.
An injured person should start documenting his or her injuries as soon as possible after the accident. This should include picture evidence with a time stamp to prove when the injury occurred. Additionally, it is helpful to seek out medical attention and be sure to inform any medical care provider of any possible injuries as clearly and as thoroughly as possible.
2. The Scene
In addition to taking pictures of and informing medical professionals of any injuries, the injured person should also document as much about the scene of the accident as possible. This might mean recording interviews with witnesses — or at the very least taking notes from people who saw the accident happen. Additionally, the injured person (or someone working on their behalf) should take pictures of as much of the scene as possible as it pertains to the accident.
Successful personal injury litigation is typically resolved with some sort of monetary settlement for compensatory damages. This means that the person liable for the accident and his or her liability insurer pays a sum of money to the injured person, which is usually determined by the losses that he or she suffered. This includes things like pain and suffering, loss of consortium, lost wages, loss of ability to work, and medical expenses, which is why keeping track of the losses is important.
Do you have any other tips for documenting evidence after a personal injury accident? Feel free to tell us in the comments. Learn more about this topic here.