If you have been injured due to someone else’s negligent or intentional actions, knowing someone else is to blame and proving it are two separate matters. You may know beyond a shred of doubt that you are not to blame for your injuries, but before you can recover any compensation, you will need proof. Without proof of your injuries and who caused them, you will likely be unable to claim any money from the liable party, leaving you in a desperate financial position.
At Jurewitz Law Group Injury & Accident Lawyers, our San Diego personal injury attorneys have been defending the rights of the injured for more than 15 years. By thoroughly investigating every case and being aggressive with insurance companies, we have helped our clients recover millions of dollars. If you want to know more about the evidence you need to prove liability in a personal injury case, keep reading.
Common Evidence Used in San Diego Personal Injury Cases
Some pieces of evidence that are often used to establish liability in a personal injury case include:
- Accident reports – If you have been involved in a motor vehicle accident, a police accident report is often necessary when you file an insurance claim. While police accident reports are generally not admissible in personal injury trials, in an insurance claim, they can help establish the baseline facts of the case. Many insurance companies will fight a claim if you cannot provide an accident report to prove that the crash happened. If you were involved in another type of accident, such as a slip-and-fall on someone else’s property, filing a written report with the property owner is a crucial step in recovering compensation for your injuries.
- Medical records – Your medical records serve two key purposes in a personal injury case. The first is to prove the physical injuries you sustained and that you sought treatment right away. Without proof of your injuries, you will have a lot of trouble recovering any compensation after an accident. The second purpose of your medical records is to show how those injuries happened. Doctors typically include notes on what caused an injury as part of your medical records, and you can use this evidence to bolster your case.
- Eyewitness accounts – One of the biggest issues you may run into in a personal injury case is proving that your account of the accident is what actually happened. Without a neutral party to back up your account, your case may devolve into a “he said, she said” situation. But testimony from an eyewitness can help corroborate your story.
- Surveillance footage – Eyewitness accounts can be helpful in a personal injury case, but people’s eyes and memories can play tricks on them. It is a lot harder to fool a traffic camera or security camera, though. If you can obtain footage from a traffic camera, security camera, or another source that matches up with your account of the accident, that will go a long way toward proving your case.
- Expert testimony – When it comes to technical matters involving things like your medical treatment or other complicated topics, sometimes calling in an expert is the best way to prove your case. Testimony from an established expert can help shed light on complex issues in your case.
- Forensic accident reconstructions – Sometimes, an accident happens so fast that you may not know exactly what happened. (This is often the case in motor vehicle crashes.) In cases like this, professional forensic investigators can look at an accident scene and use their knowledge to recreate what happened, shedding light on who is responsible for your injuries.
- Your damaged personal property – In certain types of accidents, your damaged personal property can provide some clues as to what happened. For instance, if you were involved in a car crash, photos of the damage to your vehicle can help demonstrate how the accident happened.
How a Personal Injury Lawyer Can Help You Prove Your Case
You could likely find most of the evidence you need to prove your case if you know where to look. But if you have just suffered major injuries in an accident, you should not be spending your time and energy gathering evidence. Instead, let your lawyer handle the investigation for you while you focus on your treatment. Many personal injury attorneys have experts they can call on to assist with your case, making it more likely you will recover as much compensation as possible.
Have you been injured in an accident that was not your fault? Give us a call at (619) 233-5020 or visit our contact page to learn more about how we can help you prove your case.