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What type of evidence does one need for a personal injury claim?

As mentioned previously on the Indiana Personal Injury Law blog, it may be possible to bring a personal injury lawsuit against a negligent driver who has caused a car accident. However, the person filing the claim, the accident victim, is known as the plaintiff and the burden of proof lies on the plaintiff. This means the plaintiff has to prove the defendant was negligent and the more evidence the plaintiff has on his or her side, the stronger their case will be. So, what type of evidence can be useful?

The most important evidence is at the scene of the accident. Of course, the first priority should be checking if everyone involved in the crash is okay and the paramedics are informed of the incident and police are called as well. It is essential to ensure that the police write up a report of the incident, as that report is going to be presented at court during the trial.

The contact information of all other people present at the incident should be collected, so they can be contacted for testimony at a later date. If possible, one can take photographs and aerial shots of the accident as well. Skid marks can prove which way the driver was going, the speed at which they were traveling and their braking behavior. Similarly, the plaintiff must also file a report with the police.

Since financial compensation is being sought, financial documentation is important. The receipts should include information about the type of work performed and the reasons why. Physical injuries should also be catered to and an appointment journal should be made detailing which doctor was met for what reason. Doctors should be asked for medical records and hospital statements about the type of treatment, the date of service and reason for stay in the hospital should also be gathered.

Expert witnesses, such as accident re-constructionist and medical experts, can be engaged to bolster one's claim. Other evidence can also be presented, depending on the type of accident and claim. It may seem overwhelming to go through alone so soon after one has sustained injuries in a motor vehicle accident, which is why it might be beneficial to consult an experienced attorney.

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