Evidence in New York Personal Injury Cases
When you are injured, collecting evidence to back your case is probably the last thing on your mind. However, evidence is often needed in a personal injury case and it is important to begin collecting it as soon as possible. It is also necessary to consider the types of evidence you will need to assist your case.
Four Elements of a Personal Injury Case
In a personal injury case, your lawyer will identify the following four important elements:
- Duty of care: That the responsible party held a legal duty of care to your wellbeing
- Breach of duty: That the responsible party acted in a negligent way that breached that duty of care
- Causation: That the negligent actions of the responsible party were the direct cause of the accident
- Damages: That actual damages occurred as a result of the breach of duty of care
Each item of evidence that is collected is an attempt to identify these four elements.
Different Types of Evidence Found in a Personal Injury Case
The exact items of evidence that are collected in a personal injury case will depend on the details of the case. However, they can often be divided into the following types of evidence:
Scene evidence is any item of evidence that is found at the scene of the accident. This might include:
- Dangerous item(s) in the road that caused a tire blowout
- Broken glass from a previous vehicle accident
- Images of poorly maintained roads
Document evidence is any type of evidence that comes in a document form. This might include:
- Medical records
- Police report
- Witness statement
- Expert witness report
- Weather report
- Maintenance record
- Income statement
- W-2 form
Witness evidence is in the form of a verbal report. This is when an important witness is called to testify in a case. This differs from document evidence in that the witness will actually appear in court to testify.
Photo and Video Evidence
Photo and video evidence offers visual evidence of the item that led to the accident or the outcome of the accident. It might demonstrate that a dangerous road was responsible for a driver crashing. It also might demonstrate that the damages to their vehicle were more involved than the insurance company admits. Photo and video evidence tends to hold up better in court, more than witness evidence or other types of documents that could be falsified.
How a Personal Injury Lawyer Can Help You Collect Important Evidence
It can be overwhelming to collect evidence when you are also dealing with a personal injury. Additionally, many pieces of evidence are time-sensitive. Witness reports may be questioned if you wait too long to gather the details. You also have to keep the statute of limitations in mind. In order to preserve evidence, it is important to consult with a personal injury lawyer as soon as possible.
Contact A New York Personal Injury Lawyer To Discuss Your Accident Case Today
Have you or a loved one sustained serious injuries due to an accident in New York? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. Proner & Proner represents clients injured due to auto accidents in Queens, Brooklyn, the Bronx, and throughout New York. Call 212-500-1003 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 60 E. 42nd Street, Suite 1503, New York, New York 10165, as well as offices in the Bronx, Brooklyn, Bethel, and Queens.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.