What Evidence Helps Maximize a Personal Injury Settlement?

You might think that when you are injured through someone else’s negligence, recovering damages is a simple matter of presenting evidence of your losses. Unfortunately, that usually isn’t how it works. Insurance companies are for-profit organizations, and that means they are looking to minimize payouts to increase their bottom line.

The evidence you will need to establish your claim and receive the maximum possible compensation falls into two categories: liability and damages.

What Type of Evidence do you Need to Prove Liability?

The exact type of evidence that you will need to prove that someone else was responsible for your injuries depends on the type of claim you have and the specifics of the incident that led to your injuries. The evidence will largely focus on showing that the other party failed to live up to a legal obligation, such as by violating traffic safety laws or failing to maintain property in safe condition. This may include evidence such as:

• Police reports
• Traffic citations, especially if the other party has admitted to the violation or been found to have violated traffic law
• Video footage, such as from nearby traffic cameras or security cameras
• Eyewitness testimony
• Photographs of the scene shortly before or immediately after the accident

The stronger the evidence that the other party was liable, the more likely the insurance company is to make a fair settlement offer. That’s because if they believe the liability claim is weak, they may have an incentive to take the case to trial rather than paying out full compensation. 

There are things you can do immediately to help strengthen your case, even before your initial consultation with your attorney. For example, if you are able you should collect contact information from anyone who witnessed the accident, and preserve any photos or video available. However, an experienced local personal injury lawyer is the best source of information about the specific types of evidence that will have the most impact in your case. And there are certain types of evidence that you may need the assistance of an experienced attorney to collect. Some of these types of evidence may be available for a limited time, such as security camera footage. So, you should consult a personal injury attorney as soon as possible after your injury. 

Proving Damages in a Personal Injury Case 

Establishing liability is essential if you are going to receive any compensation at all. Evidence of damages works a bit differently. Once you have established that the other party is responsible for your injuries, it is up to you and your personal injury attorney to provide evidence of the harm you suffered, and to attach a dollar value to that harm.

Again, your actions from the beginning can impact the quality of your evidence. 

Economic Versus Non-Economic Damages

In most personal injury cases, damages fall into one of two categories: economic damages and non-economic damages. In some cases punitive damages may also be awarded.

Economic damages are actual monetary losses. Some of the most common types of economic damages include medical bills, lost income, and services you need as a result of your injuries. Non-economic damages are non-monetary losses, such as pain and suffering and loss of quality of life.

Protecting Your Personal Injury Claim From the Beginning

One of the most important things you can do to ensure that you have the evidence you need to establish damages is to make sure that you get assessed by a medical professional right away. Then, be sure to follow through on all orders from your doctor, restrictions, medications, testing, physical therapy and other aspects of treatment.

Your medical records can be one of the strongest pieces of evidence submitted in a personal injury case. But if your treatment has been sporadic, you have ignored your doctor’s advice, or you waited too long to get treatment, those records may work against you.  Gaps provide opportunities for the insurance company to dispute the extent of your damages or to claim that your damages were partly your own fault because you did not follow medical advice.

Your medical records can be used to establish both economic damages (medical expenses and inability to work), and also non-economic damages such as pain and suffering.

You should also keep good records of all of your medical appointments, the advice that you receive from your physicians, expenses related to your medical condition such as prescription drugs, medical equipment, household assistance, modifications to your home or vehicle to make it accessible, and all other costs.

Working With Expert Witnesses in a Personal Injury Case 

Often, you will need one or more expert witnesses to establish the extent of your damages and their monetary value. For example, if you have long-term work restrictions or you will not be able to return to work at all, you will likely need an expert witness to establish the projected income losses across your lifetime.

If you have a significant claim for pain and suffering or loss of quality of life, your personal injury lawyer may choose to work with a life care planner or other expert to make it clear what you have lost and how your life will be impacted.

Work With an Experienced Personal Injury Lawyer From the Beginning

As you can see, establishing your claim and the appropriate amount of compensation is complex. Often, insurance companies try to get people who have suffered serious injuries to enter into a quick settlement. They may say that they are trying to help you out because they know that you are unable to work or have large medical bills and really need to get the money in hand. In truth, they are often trying to get you to sign away your rights before you actually know the extent of your injuries and other losses.

Your personal injury attorney can take charge of investigating and gathering evidence on your behalf, and can serve as a buffer between you and the insurance company. Your personal injury lawyer can also put together a strong demand letter and supporting documentation, and manage the exchange of evidence and other procedural aspects of your case. And, of course, your injury attorney will be the one to identify, hire, and work with any expert witnesses required for your case.

To learn more about how an experienced Lowell personal injury lawyer can protect your right to compensation, call The Broderick Law Firm now by calling 978-459-3085 or fill out our contact form.