What Evidence Do You Need to Win a Personal Injury Claim?

Children are taught at a young age to accept responsibility for their actions. If they break something, they need to own up to that.

Unfortunately for some adults, that lesson gets lost, especially when it comes to taking responsibility for a car accident. Even though there is rarely an intent to cause harm, a driver who engages in reckless behavior needs to be held accountable for any injury or damage they cause. That is when you need to file a personal injury claim.

A personal injury claim falls under the legal concept of tort law. That law holds that if someone causes harm to another, the injured person is entitled to seek damages.

While it is true that you can sue anyone for just about anything, you need proof to establish negligence.

That proof comes in the form of evidence.

A knowledgeable Morris personal injury lawyer can help you collect all the evidence you need to firmly establish your version of the accident. The stronger the evidence, the more likely you are to prevail in the case.

Essential Types of Physical Evidence in Illinois Injury Cases

When you hear the word “evidence,” you might imagine that evidence needs to be presented in front of a jury during a trial. While it is important to present the evidence in a lawsuit, that same evidence can be used in the initial filing of your insurance claim.

Here are the types of physical evidence that are essential in your Illinois injury case:

Photographs and Videos: The photos and videos you can take on your cell phone at the accident scene will become the cornerstone of your claim. You need to take photos of the vehicle damage, the road, traffic lights, the time of day, and the weather.

You’ll also want to snap pictures of your injuries. All of these images can be used to reconstruct your accident.

Medical Records & Documentation: From the moment you seek out medical care, you need to collect the records. Those records include the following:

• Ambulance reports
• ER records
• Diagnostic tests
• Treatment plans
• Doctor assessments
• Medical bills

Physical Property Evidence: A personal injury claim is not limited to a car accident. It can also include a defective product. If a product caused harm, you could file a product liability claim. You’ll want to hold onto the broken product.

With a damaged vehicle, you should keep any of the broken pieces.

Police or Incident Reports: When the police respond to the scene of an accident, they are obliged to create an incident report. That will detail the conditions of the scene, any issued citation, and their objective notes on what happened.

Surveillance Footage: Your attorney can help collect surveillance footage from any surrounding traffic cameras or business security cameras. There might also be footage from bystanders and dashcams.

The Role of Expert Testimony

Depending on the accident, expert testimony could prove to be another crucial piece of evidence to help you prevail in your claim. For example, an expert in accident reconstruction can analyze evidence to prove how the accident happened. In addition to their testimony, they can use visuals to support their findings.

An expert also helps establish the causation, which is the link between the at-fault party’s negligence and your injuries. In a medical malpractice claim, a medical professional in the related field can bolster the credibility of what you’re presenting.

Experts can also support the extent of your damages. A financial expert can provide testimony about the potential loss to future earnings and the cost of any ongoing expenses.

A mental health professional can attest to the impact of your injuries on your quality of life.

It might seem overwhelming to find these experts. Fortunately, you won’t have to if you work with the legal team at Schweickert Ganassin Krzak Rundio, LLP. We have a reliable network of experts across all fields that we can call on to support our clients.

Demonstrate Economic and Non-economic Losses

The evidence you present for your personal injury claims needs to include the damages you suffered as a result of the accident. The economic losses are all the expenses that can be backed up by a bill or receipt.

These can include the following categories:

Medical Expenses:

• Current bills
• Hospital records
• Physical therapy
• Ongoing counseling
• Medication receipts
• Rehabilitation
• Special transportation

Lost Wages/Earning Capacity:

• Pay stubs
• Tax returns
• Employer records showing missed work

Property Damage:

• Receipts for vehicle repairs
• Replacement costs of destroyed personal property.

Household Services:

• Cleaning
• Childcare
• Shopping
• Food preparation
• Maintenance

Your non-economic damages would be related to how the accident has impacted you physically and emotionally. This would relate to the pain and discomfort you experienced, along with the anxiety and stress over dealing with your recovery. There are also issues related to your inability to enjoy your life as you would have had the accident not occurred.

In most personal injury claims, your attorney will utilize the multiplier method to assess your non-economic damages. This is when you assign a number from 1 to 5 that relates to your level of pain. A more severe injury will have a higher number.

That will then be multiplied by the total of your economic damages.

It’s crucial to calculate the precise amount of compensation you need because you won’t be able to ask for additional compensation after you accept a settlement.

How Schweickert Ganassin Krzak Rundio, LLP Supports and Helps Your Personal Injury Claim

Building a successful personal injury claim requires strong evidence and a well-thought-out strategy. The legal team at Schweickert Ganassin Krzak Rundio, LLP can help with both.

We have helped hundreds of clients navigate the sometimes complex process of filing a personal injury claim. We know what type of evidence is needed to present to both an insurance company and a jury.

Our goal is not to sway someone, but to convince them that what happened constitutes a clear case of negligence that warrants compensation. In addition to helping collect the evidence, we ensure all filing deadlines are met. You don’t want to have a claim denied due to a technicality.

We also have years of dedicated experience negotiating with all the major insurance companies. We know how they think. More importantly, we know how to challenge their tactics.

We want a fast resolution with a fair settlement.

The strength of your personal injury claim depends on the quality and depth of the evidence behind it. By working with the legal team at Schweickert Ganassin Krzak Rundio, LLP, you’ll have someone in your corner who keeps you informed along every step of the process.

Contact our office today to schedule your free case review. Let’s find out the best course of action for your personal injury claim.