What Personal Injury Evidence Should You Have to Support Your Claim?

After a personal injury accident, most people understand the importance of taking photos and keeping the paperwork. However, many people do not realize the importance of presenting proper evidence in the case to prove the other party’s negligence, the extent of your own injuries, and the compensation you may be entitled to receive.

The importance of evidence in personal injury cases cannot be emphasized enough. In car accidents, slip-and-fall cases, and other personal injury cases, evidence will play a critical role in the outcome of the case.

Key Takeaways

If you are trying to figure out what really matters to you in the aftermath of your injury or car accident, make sure you gather any photos, videos, medical records, and the statements of witnesses to the accident. These are typically some of the most valuable pieces of evidence in your personal injury claim.

In Ohio, if you are found to be at fault for the accident that injured you, your compensation will be reduced by the percentage of your fault; if your fault is greater than the combined fault of the other drivers involved in the accident, you will not be able to recover any compensation for your personal injuries.

There is a statute in Ohio that says that personal injury claims must be brought within two years of the date of the accident; failing to do so will impact your ability to prove your case.

Evidence that could help prove your case must be preserved as soon as possible after the accident; if you fail to preserve the evidence of the accident, or if you attempt to conceal or interfere with that evidence, it can have a direct impact on your personal injury claim.

The sooner you start gathering the evidence of your personal injuries and the accident that caused them, the better your position will be in the handling of your claim.

Why Evidence Matters in a Personal Injury Case

A personal injury claim is not just about saying that you were injured. In most cases, you will need to prove that another person was careless, that their actions led to the accident, that you were indeed injured, and that your injuries resulted in losses.

Evidence can help to tell your story. Good evidence will show what happened to you, when it happened, who was involved in the accident, and how you were hurt. If there is no good evidence, the insurance company can use that to dispute your claim.

The Three Things Your Evidence Usually Needs to Prove

Most personal injury claims come down to a few issues. Your evidence has to prove each of those issues.

• Who caused the accident and how?
• How did the accident cause your injuries?
• How much did your injuries affect you?

The best personal injury cases have evidence from multiple angles, not just one angle.

Photos and Videos from the Scene of an Accident

Photos and videos are often among the strongest forms of evidence in personal injury cases. Skid marks, hazards, and the state of the vehicles in the area all tend to change over time. The photos can help to preserve the details of the accident as it occurred, rather than attempting to recreate it later.

Some of the types of visual evidence that can be helpful in personal injury cases include:

• Damage to the vehicles, bicycles, or personal property
• Photos of the accident scene from multiple angles
• Photos of the road conditions (signs, lighting, weather)
• Photos of any spills, flooring issues, or hazards
• Photos of the injuries sustained
• Security camera or dashcam footage of the accident

This type of evidence is often helpful in cases in which the other side of the personal injury claim attempts to minimize the damage and questions that arose during the accident. Often, one video clip can answer some questions that would take pages of argument.

Medical Records and Treatment History from an Accident

Medical records are among the most important types of evidence in personal injury cases. They can prove the link between the accident and your injuries. Furthermore, medical records will demonstrate the severity of your injuries and the treatment you required to recover.

Medical records may include:

• Emergency room records
• Ambulance reports
• Doctor visit records
• Imaging records (X-rays, MRIs, CT scans)
• Physical therapy records
• Prescription records
• Specialist medical records
• Medical bills

Medical records can also help to prove the severity of your injuries if there is a delay between the accident and your first medical appointment. The insurance company may attempt to use this delay to argue that your injuries were not as serious as they seem. Prompt and consistent medical treatment following your accident can help prove both the seriousness of your injuries and their cause.

Police Reports and Incident Reports

Often, official reports can describe what happened in an accident right after it occurred. In car accident cases, this is typically a police report of the accident. In cases involving slips and falls within a business, for example, the business’s incident report could be used.

These reports may include information such as:

• The date, time, and location of the accident
• The names and contact information for the individuals involved in the accident
• Witness to the accident
• The observations of the officer or manager of the area
• The statements of the individuals involved in the accident
• Diagrams that show the way in which the accident occurred

Though these reports may contain mistakes, they are often an important piece of the puzzle in determining who was to blame for the accident.

Witness Statements Can Make a Major Difference

Independent witnesses can be extremely valuable to have on your side in testifying for you in court. An independent third party’s verification of your account of the events can make it difficult for the defense to make a case that you are lying or presenting an inaccurate version of the events.

Some of the best potential witnesses to call for your case may be:

• Individuals who directly witnessed the accident
• Passengers or bystanders
• Employees who were made aware of the dangerous conditions
• First responders to the scene
• Friends or family members who directly witnessed the pain or limitations you experienced as a result of the accident

Witness memories can fade over time. Thus, one of the best reasons to speak with potential accident witnesses is to obtain their names and telephone numbers as soon as possible after the accident. This information becomes more important over time as witnesses may move or become unreachable.

Bills, Receipts, Wage Records, and Other Proof of Damages

A personal injury claim is not just about showing that you were hurt by the incident. You also have to show how it impacted your finances and daily life. This is where evidence of damages becomes essential to your case.

Some of the most useful evidence of the damage that the defendant caused includes:

• Receipts for medical bills
• Pay stubs
• Letters to your employer stating that you were unable to attend work due to your injuries
• Documents stating that you were forced to reduce your hours or earning potential
• Repair estimates
• Transportation costs to treatment facilities
• Home modification costs, if relevant to the personal injury

The more proof you have of the financial damage you endured due to the defendant’s negligence, the harder it will be for them to deny your claim. Even small receipts can help establish the financial impact of your personal injury.

Your Own Notes, Journal, and Communications Matter Too

Some of the most persuasive evidence is the kind of evidence people do not think to save. A pain journal, text messages, emails, appointment reminders, and notes about how the injury impacted your daily life can help form a strong claim for compensation.

This type of evidence can help show the claims of:

• Missed events
• Missed responsibilities at home
• Impact on family
• Difficulty sleeping
• Pain intensity
• Activities that you can no longer do
• Difficulty communicating with property owners or insurance companies

All of this can be documented in a simple journal that provides up-to-date notes on your injuries and the treatment you received. Especially given the amount of time that can pass between the injury and when a claim is finally resolved, having this documentation is a helpful tool to provide context to your claim and to show the impacts that your injuries had on your life.

How Long Do You Have to Preserve and Use Evidence in Ohio?

Evidence should be gathered as soon as possible, but there are deadlines to consider, as well. In Ohio, the statute establishes that an action to recover for bodily injury must be brought within two years from the date of the accrual of the incident that caused the injury.

While two years may sound like a long time, it rarely feels that way. Treatment for injuries takes time. Getting medical records takes time. Negotiating with insurance companies takes time. By the time individuals consider filing a claim, evidence of the injuries may be more difficult to find.

Taking action early is usually one of the smartest things that an individual who has suffered an injury can do.

How YD Legal Can Help with Your Personal Injury

Gathering personal injury evidence is not always as simple as taking a few photos and keeping a folder of bills. Some of the most important evidence in a case has to be requested, preserved, analyzed, or challenged. That can include surveillance footage, internal reports, medical documentation, employment records, or evidence the other side would rather you never see.

The team at YD Legal can help evaluate which evidence matters most in your case, what may still need to be preserved, and what steps should be taken next. If you are ready to learn about your next steps after an accident, contact YD Legal.

 

FAQ: Personal Injury Evidence

What is the most important evidence in a personal injury case?

There usually is not just one piece of evidence that decides a case. The strongest claims often combine photos, medical records, witness statements, official reports, and proof of financial losses to tell a complete story.

Can I still have a case if I do not have photos from the accident?

Photos help, but they are not the only form of evidence. Medical records, witness statements, incident reports, surveillance footage, and other documentation may still support your claim.

What if the insurance company says I was partly at fault?

That can make evidence even more important. In Ohio, your damages may be reduced by your share of fault, and you may be barred from recovery if your fault is greater than the combined fault of the other responsible parties.

How long do I have to file a personal injury claim in Ohio?

In Ohio, with some exceptions, an action for bodily injury generally must be brought within 2 years from the incident date. While the statute of limitations can be extended in limited cases, such as injury to minors, it is safest to assume 2 years unless an attorney reviews your specific situation.

What should I keep after an accident?

Keep as much as you reasonably can, including photos, videos, medical paperwork, receipts, wage records, damaged property, witness information, and any written communication related to the incident or your injuries.