The Role of Evidence in Personal Injury Cases

You’ve been hurt in a motor vehicle accident and you’re considering starting a personal injury lawsuit. Did you know that you bear the burden of proving all aspects of your case to get full and fair compensation? Comprehensive, reliable evidence is essential to a successful personal injury claim. The better your evidence, the better the outcome of your case. 

In today’s article, our Sault Ste. Marie motor vehicle accident lawyers discuss the crucial role of evidence in personal injury cases. It’s important to build a strong case from day one. We welcome you to reach out to our Sault Ste. Marie law firm today for assistance with collecting and preserving important evidence.

Proving Your Personal Injury Case

To win compensation in a personal injury lawsuit, you have the burden of proving your claim on a balance of probabilities. You must provide evidence to prove liability (negligence or fault of others involved in the accident) and causation (that the motor vehicle accident caused your injuries). As the plaintiff in a personal injury lawsuit, you’re also required to provide proof of the nature and extent of the injuries and losses caused by the accident, and that you took all reasonable steps to recover from your injuries. That burden can be a heavy one, especially if fault for the accident is disputed or the insurance company says your injuries aren’t serious or weren’t caused by the accident.  

What about an Accident Benefits claim, which doesn’t depend on a finding of fault? You can claim Statutory Accident Benefits without having to provide evidence that someone else was at fault (and even if you were 100% at fault). However, you are still required to provide other types evidence to substantiate your injuries and losses, including medical records, documents to prove your wage loss claim, and receipts for out-of-pocket expenses.

Types of Evidence in Personal Injury Lawsuits

A wide range of evidence is used to support personal injury cases. The following are types of evidence commonly used to prove liability (how the accident happened and who was at fault):

·       photographs of the accident scene and damage to the vehicles

·       ambulance and police reports

·       eyewitness statements

·       surveillance footage of the accident

·       scene measurements

·       technical data (e.g., information about the timing and duration of traffic lights at the intersection where the collision occurred)

·       evidence from expert witnesses such as an accident reconstructionist or engineer

·       evidence obtained through the oral discovery process

Medical evidence is the cornerstone of any personal injury case. These are the types of evidence typically relied on to prove injuries and losses caused by a car accident:

• medical records from health care providers (hospital, doctor, counsellor, chiropractor, physiotherapist, specialist, etc.) from the date of motor vehicle accident to settlement or trial

• medical records from the time before the accident to dispel allegations that you suffered from pre-existing injuries or medical conditions

• photographs of your injuries, scarring, etc.

• a pain journal documenting your pain levels, symptoms, and limitations

• a list of medications

• medical imaging (MRI, CT scan, X-ray)

• results of lab tests

• evidence from medical experts providing an opinion on issues such as diagnosis, extent and impact of injuries, required treatment, and prognosis for recovery.

If you are claiming that the accident caused you to suffer income loss, you will need to gather evidence to prove your wage loss claim, including employment records, pay stubs, and income tax returns. Receipts for medications, treatments, and other out-of-pocket expenses are also necessary to prove your entitlement to reimbursement.  

What You Should Know About the Role of Evidence in Your Personal Injury Case

First, it’s important to emphasize that evidence collection is an ongoing part of the claims process. It’s vital to continue gathering and preserving evidence from day one, and as your case progresses.

The second thing you should know is that you don’t have to figure out what evidence you need or how to obtain it on your own. Our motor vehicle accident lawyers in Sault Ste. Marie can advise you on what is needed. From our Sault Ste. Marie law firm, we can help you collect and preserve evidence and connect you with experts as needed. We can also advise you on evidence that can hurt your case and minimize the impact of damaging evidence.

Third, you should know that evidence plays a critical role in negotiation and settlement of personal injury claims. Defendants and their auto insurance companies are more likely to settle and offer fair compensation without the need for trial when faced with convincing and comprehensive evidence.

Lastly, it’s important to understand that evidence can make or break a trial. If the defendant and their auto insurer are being unreasonable, a trial will be necessary to get the compensation you deserve. Personal injury trials are decided by a judge or by a jury after hearing all of the evidence presented in court. You’ll be in a much stronger position heading into trial if you and your lawyer have been gathering, preserving, and refining vital evidence from day one.  

We Can Help: Connect with Our Motor Vehicle Accident Lawyers

Sault Ste. Marie law firm Feifel Gualazzi can help you navigate all aspects of your personal injury claim, ensuring you receive the compensation you deserve for your physical, emotional and financial losses.

We know what is needed to win a case. We can conduct investigations on your behalf, gather evidence, and find compelling witnesses to prove your claim. We also work alongside doctors, medical experts, and other outside experts to secure strong evidence to support your claim for maximum compensation. And because we are based in Northern Ontario, we have a network of local resources to draw upon to help you recover—both physically and financially.  

Contact us today for more information about our legal services or to speak with one of the experienced motor vehicle accident lawyers at our Sault Ste. Marie law firm. We can provide you with a free case evaluation and get you on the path to recovery.