5 Ways To Provide Burden Of Proof In Your Personal Injury Claim
When you levy a personal injury claim against an individual or company, the burden of proof that they are responsible for injuries rests on your shoulders. There are several ways to you can provide said proof to the court of your personal injury so that you can get the settlement you are owed.
1. Take Photographs
Photographic evidence can go a long way toward documenting the events that lead up to the injury or the injury itself. Take photographs of the accident site as soon as possible, preferably before it is cleaned up. It's also important to take photo documentation of the injuries, as well. Take photos of the injuries both when they first occur and a day or so later, as it can take some time for certain injuries to become obvious.
2. Gather Eyewitness Accounts
If there were witnesses to the accident, then it can be useful to have their contact information and a written or video statement of what they saw. Witnesses can include passers-by, customers inside a business, or employees and staff. Witnesses can also be your own friends or family if they were with you at the time of the accident, although it can sometimes be more effective to have witnesses that bear no relation to you.
3. Report and Record
Report the accident as soon as it occurs. If you are at work or a place of business, request to fill out an accident report and make sure you get a copy. For car accidents and similar, file a police report, even if no officers show up at the scene. You should also visit the doctor as soon as possible and get a written record of the injuries and the cause.
4. Keep a Paper Trail
Keep everything pertaining to your accident neatly organized in a file or binder. This paper trail should contain the reports of the accident from above, along with copies of witness information and photographs. Further, keep every receipt that is from the accident, including medical charges, transportation costs to and from appointments, and insurance receipts. If you miss work or lose pay due to the accident, obtain records from your HR department and keep them with your file.
5. Check Surveillance
If it seems that you have minimal proof to show, consider the availability of surveillance videos. Many businesses have surveillance equipment both inside and out. Even personal residences are likely to have a security camera that covers the nearby sidewalk or street. Ask at these businesses or residences for copies of the surveillance so you can see if there is a video record of the accident.
Contact a personal injury lawyer if you need more help on determining what qualifies under burden of proof.