You are entitled to make a claim for compensation after being hurt in a motor vehicle accident. The success of your personal injury claim will depend heavily on the evidence you put forward.
In today’s post, we’ll have a look at why it’s important to document your injuries and damages and we’ll discuss the types of evidence that helps win personal injury claims. If you want to discuss the evidence you’ll need in your personal injury claim or need assistance with gathering and preserving that evidence, we welcome you to reach out to a personal injury lawyer at our law firm for advice.
Why it’s important to document your injuries and damages
In a personal injury case, the injured person must prove several key elements, including liability (who caused the accident), the injuries caused by the accident, and the losses suffered as a result of those injuries (e.g., lost wages, out of pocket expenses). That burden can be a heavy one, especially if fault for the motor vehicle accident is disputed or the insurance company says the injuries weren’t caused by the car accident.
It’s important to build a strong case by gathering and preserving certain information and documents starting from day one. The right evidence will boost your credibility, create a clear timeline of events, and legitimize your claim. Strong evidence can increase the chances of early settlement and lead to more favourable settlement offers. If the insurance company is being unreasonable to the extent that an out-of-court settlement is not possible, a well-documented case is 100% necessary to demonstrate liability and damages at trial.
Types of evidence to strengthen your personal injury case
Each case is unique, but generally speaking, the following types of evidence are needed for a successful personal injury case:
Evidence to prove fault for the motor vehicle accident, including photographs of the scene of the accident, the police report, names and contact information of eyewitnesses, and your notes about how the accident occurred.
Medical records to prove the nature and extent of your injuries you say were caused by the accident.
It’s important to seek medical attention immediately after a car accident, as the medical records produced can then be used to prove the causal connection between your injuries and the motor vehicle accident.
It’s also essential that you continue to see your doctor and follow through with receiving recommended treatments (physiotherapy, massage therapy, counselling, chiropractic care, etc.). Report all symptoms and issues you are experiencing. Each time you see your doctor, a specialist, or other treatment provider, it creates a record that can be used to support your personal injury claim.
Medical records from the time before the accident will be needed if the insurance company alleges that you had pre-existing injuries or medical conditions that it is not responsible for.
A personal record of your pain and suffering in the days, weeks and months after the accident, known as a pain journal. In your pain journal, you should write down your symptoms (e.g., pain, sleeplessness, anxiety, stiffness, loss of mobility), the severity of your pain on a scale of one to 10, dates that you experienced symptoms or flare-ups, and activities that are negatively impacted by your injuries (lifting, working, driving, childcare, yard work, household chores, etc).
Documents to prove loss of income. Depending on the nature of your employment, that may include employment records, paystubs, income tax returns, commission or bonus statements, and any other documents that show what you were previously earning and what you have earned since the motor vehicle accident.
Receipts to prove any out-of-pocket expenses you incurred as a result of the accident, such as expenses for rehabilitation treatments, medications, and household or childcare assistance necessitated by your injuries.
Connect With A Personal Injury Lawyer In Sault Ste. Marie
Sault Ste. Marie law firm Feifel Gualazzi assist with personal injury claims arising from motor vehicle accidents. No matter what your injury, we can help you build your case to maximize the compensation you receive. We serve clients in Sault Ste. Marie and the Algoma District.
Don’t wait to seek help with your case. Contact Feifel Gualazzi today to schedule a free consultation with one of our personal injury lawyers.