After an accident, you may decide to pursue compensation through a personal injury claim. However, the insurance company isn’t going to just hand over the money because you filed the claim. You will need strong evidence to prove your case and demonstrate the extent of your injuries and damages.
There are many types of evidence that may be used in a personal injury claim, so keep reading below to learn more.
Common Types of Evidence Used in Tennessee Personal Injury Claims
No two personal injury claims are exactly the same. This means that the facts of each case will be different, and each case may require different types of evidence to sufficiently prove your claim. Ultimately, the Tennessee Rules of Evidence and applicable state laws will govern which pieces of evidence are admissible in your case.
Common types of evidence used to prove negligence in personal injury claims include:
Accident Reports
An accident report is one of the most common types of evidence used in car accident claims. Most accidents must be reported to the police, and law enforcement will file an accident report when they respond to the scene.
These reports often include:
- A description of the vehicles involved
- The date and time of the accident
- Driver and passenger details
- A brief explanation of the officer’s initial assessment
Car accident reports can usually be requested from the Memphis Police Department Records Division.
Photographs or Video Footage
Photographs and video footage, such as from surveillance or traffic cameras, can be crucial in proving your claim. Video footage can show exactly what happened in your accident. It can also help locate potential defendants, such as after a hit-and-run accident.
After an accident, you should always take as many photos as you can. This may include photos of the accident scene, vehicles involved, hazards or risks present, and your injuries.
Medical Records
Not only must you be able to prove that the defendant was at fault, but you will also need to prove the extent of your injuries.
You should retain all your medical records after an accident, but the ones that may be most important are:
- Emergency room treatment records
- Diagnostic test results, like X-rays or MRIs
- Medical bills
- Records for physical therapy sessions
- Psychological records
It can also be helpful to have records from your primary care physician showing your health prior to the accident. This can help establish how the accident affected your overall health and well-being.
Physical Evidence
Physical evidence from the accident scene can help establish how the incident occurred and who may be responsible. This may include damaged clothing, broken vehicle parts, defective products, or other objects involved in the accident.
For example, a damaged car part may help show the force of a collision, while a defective handrail could support a slip-and-fall claim. If possible, preserve these items in their original condition, as they may be useful in proving negligence and supporting your personal injury claim.
Employment and Wage Records
Serious injuries often cause victims to miss substantial time from work. Some victims are never able to return to work, and others may be forced to take a lower-paying, less physically demanding job. These victims are entitled to recover compensation for their lost wages as well as their future reduced earning capacity.
You should have documentation from your employer showing your pay rate, the hours you missed from work, and the average number of hours you worked before the accident. Additionally, a statement from your doctor stating that your injuries prevent you from working can be beneficial.
Witness Testimony
If a witness saw your accident, their testimony can be a great way to prove your case. Witnesses can usually provide an objective statement of the facts, and their testimony is not biased toward either side. This is also why it is important to gather contact information from witnesses after an accident in case their testimony is needed later.
Expert witnesses are also useful in proving your claim and the extent of your damages. Experts, such as crash reconstructionists, engineers, or vocational experts, can help a judge or jury understand complex technical details about your case.
Pain Journals
Pain journals can be a great way to document exactly how your injuries have affected your daily life and relationships. Simply keeping a log of your pain and other effects on a day-to-day basis can be a great way to show an insurance adjuster the extent of your injuries.
Reach Out to Alders & Lewellyn, PLLC to Arrange a Free Consultation With a Memphis Personal Injury Attorney
If you have been hurt in an accident, gathering all the evidence needed to build a strong claim is crucial to success. Knowing the types of evidence that you need may be difficult, so having the help of an experienced personal injury lawyer on your side can make all the difference.
Contact our team at Alders & Lewellyn, PLLC at (901) 602-5700 to schedule a free consultation and let us help you understand all your legal options. Our Memphis personal injury lawyers can help you identify all available evidence and determine which kinds of evidence can help your case.
