5 Types of Evidence You May Need for Your Claim

types of evidence

If you’ve suffered through a major accident, you need help with your financial recovery. A lawsuit filed with a Staten Island personal injury attorney can help you recover compensation, but you also need to be prepared for that claim. That means gathering evidence. 

While your lawyer will be an important resource in gathering your evidence, it’s also important to understand the types of evidence you’re dealing with. It can help you better understand your claim, so that, while your attorney will represent you in court, you know what to expect from your claim. 

Digital Evidence

As technology becomes a more central part of our lives by the day, evidence gathered through technology has become a more important part of lawsuits. Photographs, videos, and social media posts can all be useful tools when trying to prove digitally that the liable party was at fault. 

Keep in mind, though, that this evidence can be used against you. For example, the responsible party may try to avoid paying for your medical expenses because you were fine right after the accident. If you have posted on social media that you were doing something you wouldn’t be able to do if you were injured, or if you posted that you were okay, that evidence can be used against you. 

Because of this, it’s important to gather all relevant evidence for your side of the story and avoid giving the responsible party evidence for their defense. For example, avoiding social media after an accident can help you protect your claim.

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Eyewitness Testimony

If someone saw the accident or assault as it happened, you may have more proof on your side that the liable party harmed you. If you have a reliable source who can provide a specific picture of your accident, they may be able to show that the other person was at fault. 

This evidence can also support you if the other party accuses you of carelessness. For example, if the eyewitness saw you weren’t looking at your phone, while the liable party claims you were texting, that may help your chances to avoid penalties to your claim. 

Keep in mind, though, that just because someone witnessed the accident doesn’t mean that their testimony is always solid. Memory can fail, and because of this, other forms of evidence, like physical items or photos, should also be included to support their testimony. 

Expert Testimony

While a witness can tell you a lot about the accident and how it happened, they may not have the resources and tools needed to provide more evidence than what they witnessed. For example, an eyewitness may have seen your car crash, but they may not have an in-depth answer on what caused the accident. 

That’s where an expert witness can help you. An expert witness may not have witnessed the incident, but they can provide you with more information about these details of your claim. For example, let’s say you were injured because your medication was defective. An expert witness may test that medication to see if it contained hazardous substances or was the incorrect medication. 

An expert witness can then share this information in the courtroom. That evidence can help support your claim in deeper details that other evidence, like an eyewitness, may not be able to do. 

Physical Evidence

When you’re seeking out evidence for your personal injury lawsuit, descriptions of the situation and witness testimony may only go so far. While it may help that their story matches yours, the judge may expect more evidence for your claim. 

That means you may need to seek out physical evidence. As opposed to digital evidence, like social media posts, or testimony and statements, your physical evidence should cover things that can be seen, touched, and used in the courtroom. 

For example, photos of the damage to your vehicle can show the court the extent of the damage. For dramatic effect, your lawyer may even bring blood-stained clothing to demonstrate just how devastating your injuries were during the accident. 

It’s important to remember that physical evidence is easy to lose. Broken stairs may be replaced, cars may be towed or repaired, and injuries will heal. If you don’t take measures to protect this evidence, there’s a possibility that your physical evidence may not be as clear as needed, or it may be lost completely. 

Personal Experience

Sometimes, it’s important for the court to hear, not just from other witnesses, but from you. You may be asked to tell your side of the story in front of the court, to give them a picture of what you experienced and what you did before and after your injuries. 

While memory can fail you just as easily as another witness, your own version of your experiences can be useful, too. That gives the judge a better idea of how your injuries personally affected your life. 

Sharing your story can be a painful experience, however. You went through a traumatic event, and because of this, you may struggle to share your side of the story. Because this can be such a draining, upsetting experience, you may need to discuss what you can expect with your lawyer before your court date. 

Using Your Evidence in Court

When you reach the courtroom, having a diverse set of evidence can make a big difference for your personal injury claim. When you’re hurt, it can be difficult to prove that the person you’re suing was actually responsible for your claim. Worse, you may struggle to prove your injuries were related to the accident at all. 

When it comes to proving your claim and seeking compensation for your losses, the right evidence may be key. Unfortunately, it can be just as tough to know what evidence will be most important to your claim and where to get that evidence. You may not have the resources to access security footage, for example, which could hurt your claim. 

Fortunately, your lawyer can help. If you have questions about the evidence you need and how to get proof for your claim, reach out to your attorney for more information about your options for evidence. 

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