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How to Gather Evidence to Prove Your Personal Injury Claim

When a person is hurt by someone else’s fault or negligence, they can bring a lawsuit against the wrongdoer to receive compensation for their injuries. In any personal injury claim—whether it arises from a car accident, slip and fall, or defective product the injured person must prove that the wrongdoer caused the accident, that the accident caused the injuries, and that the injuries caused loss or damage to the injured person.

How do you prove a personal injury claim?

Personal injury lawyer 

The onus of proof is on you if you have been hurt and want to bring a personal injury claim. For that reason, it’s critical to gather evidence to support your claim. The more evidence you gather, the stronger your case will be. The reality is that most personal injury cases resolve without the need for a trial, but that being said, the best course of action is to prepare from the outset as if your case is going to trial. Don’t let that overwhelm you. We’ve prepared this list of evidence commonly relied on in personal injury claims to help you get started. If you want guidance with the process of gathering the best evidence to support your case, contact our Oshawa and Lindsay personal injury law firm for assistance and personalized legal advice.

Evidence to support your personal injury claim

While each personal injury case is unique, these are the types of evidence typically needed for a successful claim.

  • Write down your recollection of events as soon as possible. Memories fade over time. To preserve your version of events, you should write down every detail you can remember as soon as you can after the accident. Include any details about how the accident occurred, what happened immediately after the accident, and what injuries you sustained.

  • Take photographs and/or videos of the scene. Photographic evidence and video evidence are extremely valuable. They can be relied on to prove how or why the accident occurred. For example, if you were injured in a slip and fall, photos or videos of the uneven sidewalk, broken handrail, or other hazard are strong evidence to prove liability of the property owner. If you were injured in a car accident, pictures or videos can show the position of the vehicles after the impact, and capture important features of the scene (e.g., lighting, weather, and road conditions; skid marks; obscured street signs).

  • Gather physical evidence. Depending on the nature of your claim, physical evidence may include the broken/defective product, your bike/bicycle helmet showing points of impact, or damaged clothing/footwear you were wearing when the accident occurred. It is essential to take steps to preserve this type of evidence so it can be viewed and tested if needed. It is also highly recommended that you take as many photographs of the object as you can in case the item is lost, repaired, or destroyed.

  • Obtain accident reports. When police or ambulance are called to the scene, they typically prepare an accident report. These reports are often very detailed and include information such when and where the accident occurred, who was involved, and any other factors relevant to the accident and/or the injuries you sustained. For example, if you were hurt in a car accident, the accident report may contain measurements and/or a diagram drawn by the police showing where the vehicles came to rest, contact information and statements from witnesses, and details of any criminal charges laid against the other driver. A report from the ambulance crew will contain important information about your injuries and condition immediately after the accident, such as whether you lost consciousness and your Glasgow Coma Score, both of which are highly probative of the severity of a brain injury.

  • Get eyewitness statements. If anyone was at the scene of the accident, get their full name and contact information and ask them to write down what they observed as soon as possible. Observations of independent eyewitnesses are so valuable where there are conflicting versions of events between the involved parties. They can provide an unbiased description of what happened, and this type of evidence is often given considerable weight.

  • Request medical documentation. Medical records from the emergency room, walk in clinic, your family doctor, and any health care professionals you see for treatment (e.g., massage therapist, chiropractor, physiotherapist, occupational therapist) are necessary to prove the nature and extent of your injuries and the recommended treatment plan. Observations, treatment reports, and scans (X-rays, MRIs, etc.) provide objective evidence to support your claim. Earlier medical records may also be needed to prove that you were healthy prior to the accident, or that a previous issue such as headaches or back pain was not actively bothering you when the accident occurred.

  • Take photographs of your injuries. If you sustained visible injuries, you should take photographs to show the injuries and how the injuries have changed over time (e.g., cuts, scrapes, swelling, bruising, scars).

  • Keep a pain journal. A pain journal is one of the best ways to prove how your injuries have affected your life. It’s a written record of your pain experiences where you can record the details of your accident and any medical treatment and expenses you’ve incurred because of it. Writing everything down can also help you remember important details, track your symptoms and limitations, and strengthen the medical documentation in your case.

  • Collect receipts and financial documents. You are entitled to reimbursement for reasonable out-of-pocket expenses incurred as a result of the accident, so save medical bills, treatment invoices, and prescription receipts to prove your claim for what is known as “special damages.” If you missed work or lost income because of the accident, you’ll need documents to prove your losses. Documents to support a wage loss claim typically include tax returns, your employee file, commission statements, and pay stubs.

Reach out to a trusted personal injury lawyer in Oshawa

If you or a loved one has been injured as a result of someone else’s fault or negligence, the personal injury lawyers at Kelly Greenway Bruce can help. We’ll represent your best interests and help you collect the information you need to build a strong case. Our skilled personal injury lawyers will act quickly to gather and preserve evidence, and where necessary, hire a private investigator or accident reconstructionist/engineer to prove the liability aspect of your personal injury claim. We can also arrange medical examinations and obtain reports from medical specialists to support the nature and extent of the injuries you suffered.

We don’t request retainers and won’t charge you any fees until we win your case. We understand that recovering from personal injury is fraught with physical, emotional, and financial challenges. That’s why our lawyers are committed to providing personalized support to ensure you get the compensation you deserve.

Reach out to Kelly Greenway Bruce today and let our professionals use their expertise to ensure you obtain your best possible recovery. For a free case evaluation, contact our personal injury law firm in Oshawa or Lindsay today.


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