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Proving Personal Injury

• Feb 13th, 2013

Proving personal Injury – perserving evidence

One of the major reasons persons are not as successful as they would have liked in personal injury lawsuits is due to the lack of sufficient evidence.  Juries find liability and award monetary damages based on the evidence presented to them.  If there is insufficient evidence to prove the defendant’s liability in a personal injury case; then the defendant will not fully be held accountable and the injured party will not be awarded damages. That is why preserving evidence and documenting your injury and recovery is an important part of a personal injury claim and lawsuit.

Proving personal injury with photos

It is ever so important to return to the scene of the personal injury accident immediately after it occurred (or as soon as you are able to) to gather and personal injury evidence. Photographs offer a great way to preserve evidence. When taking pictures, take from different angles which enable you to later pick out the ones with the most clarity of what you would like to highlight to a personal injury lawyer, insurance company or court.  Most everyone has a phone with a camera so taking pictures at or near the time of the accident should not be difficult.  Make sure you record the date and time of the picture.

It may prove useful as well to take photos of the scene at the same time of day as your accident, especially if you were injured in a motor vehicle accident.   Also take pictures of the scene of the motor vehicle accident  on the same weekday that the accident occurred to highlight the regular vehicular traffic.

Witnesses are important for proving a personal injury

Examining the scene of the accident can also prove quite rewarding in obtaining and preserving evidence. It could be something as simple as a torn or worn spot which caused you to fall or a defective traffic light which caused your collision with another vehicle. You may also be able to find who witnessed the accident or has seen similar accidents in the same spot that could serve as a witness in court. Witnesses are very important in this regard as they help to strengthen your case.  Collect witness names and contact information at the time of the accident if possible.  And then make an effort to obtain statements from witnesses soon after the incident as people’s memories fade and they themselves, change locations frequently.

Collect and document physical evidence

Physical evidence is very important in personal injury cases. It can be the determining factor in the amount of damages you may be awarded as it helps to prove the extent of the injury. Example, retaining the bloody and torn garment you were clothed in when the accident occurred demonstrates the extent of your physical injuries. If you are unable to preserve physical objects, then the next best thing is to take photographs of such objects.

Finally, you should also make an effort to document your physical injuries. As injuries heal, when it is time to present your case to the insurance company or court, the extent of the injuries will not seem as serious. As such, it would serve you well to take pictures of visible swelling, bruises, cuts as soon as you are able to, such as after being released from the emergency room or from the hospital.  Again, make sure your photographs are dated.

Preserving evidence to prove your personal injury accident only makes your arguments stronger. Don’t delay and think that because the accident occurred, that should be enough. Insurance companies base settlements and juries award damages based on evidence.  Be proactive if you feel that you have suffered an injury as the result of another person or entity’s negligence.  If you have questions or need a personal injury attorney in Atlanta email Celia Sunne, at Sunne Law,


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