When you suffer a catastrophic injury, it’s often necessary to seek justice and compensation through the legal system. However, many victims who’ve suffered immense trauma underestimate the challenges associated with their injury claims.
In this article, we’ll discuss the importance of evidence and how it can make or break your personal injury claim.
Evidence Documents Your Claims and Their Value
Most personal injury claims involve a theory of negligence, and it’s the victim’s responsibility to prove every element of their claim, including:
- The person or organization that harmed you owed you a duty of care.
- They violated this duty and caused your injuries.
- You suffered damages, such as lost income and medical bills.
If you cannot prove even a single one of these elements, you may not have a viable injury claim.
Notably, your word is not enough to establish a negligence claim. You’ll need documentation that documents the circumstances surrounding your claim, the severity of your injuries, and your financial losses.
While you’re collecting evidence that supports your case, the insurance company is also looking for ways to weaken your arguments or discredit your claims. The insurance adjuster will pore over your medical records, looking for pre-existing complaints and other complicating factors. They may also send you to independent medical examinations or hire private investigators to monitor your activities.
To counteract their arguments and evidence, you may need a robust legal strategy, lots of supporting documents, and expert opinions.
Depending on the nature of your injury claim, your evidentiary strategy may vary. When you work with an experienced San Antonio injury lawyer, they will tailor your claim to reflect your unique circumstances and priorities. However, there are some common trends when you’re collecting evidence.
Truck Wrecks: Act Fast to Preserve Data and Logbooks
Under federal laws, truck drivers and trucking companies must keep detailed driver and maintenance logs that track a driver’s hours of service and the truck’s inspection and repair history. These logbooks are invaluable evidence, since they can help victims identify regulatory violations.
Most modern semi-trucks also contain sensors telematic systems that monitor speed, hard braking, and erratic driving maneuvers. Some trucks even have on-dash camera systems that track the driver’s every move.
However, companies can legally destroy logbooks and electronic data after a period of time. You’ll need to act quickly to preserve this valuable information and evidence.
Distracted Driving: Cell Phone Records Can Help Tell the Whole Story
Most people won’t readily admit that their texting or phone use caused a crash. Thankfully, phone records don’t lie. When Crosley Law’s injury lawyers suspect distracted driving, we move quickly to collect mobile phone records and data from the at-fault driver.
Product Liability: Don’t Dispose of Defective Parts or Products
Dangerous manufacturing defects cause thousands of injuries and recalls every year. However, many companies will try to blame the victims and other factors. To fight back, you’ll need expert testimony from engineers and other experts who can examine the defective product.
However, if you or someone else dispose of the defective part or item, you’ll have an incredibly difficult time proving your case. Therefore, you and your injury lawyer need to preserve this evidence as part of your claim immediately.
RELATED CLIENT STORY: Gerald Mulder v. Venture Transport Logistics
Crosley Law’s Cutting-Edge Approach to Injury Claims and Investigations
After a crash, you might think you successfully collected all the evidence you need to bring a case against the negligent party. However, it’s not unusual for victims to miss critical pieces, just because there are so many other things to focus on as they heal. Victims also miss essential elements because they don’t know that 18-wheelers have black boxes or have the right connections to scientists who can recreate the accident. It’s not your job to know all those things, and that’s why we’re here — to keep track of the details that you wouldn’t otherwise be unaware of and make sure you’re protected.
“Notably, your word is not enough to establish a negligence claim. You’ll need documentation that documents the circumstances surrounding your claim, the severity of your injuries, and your financial losses.”
Crosley Law has built a reputation for its approach to personal injury investigations. Our lawyers do more than read medical records. When necessary, they consult with some of the country’s most respected physicians, engineers, accident reconstruction experts.
For example, we represented a man who experienced severe mood swings and personality changes after a car accident. While he and his family believed that he suffered a traumatic brain injury (TBI) during the crash, his original imaging studies were “within normal limits.”
Crosley Law found a solution: researchers in San Diego had developed a new type of brain scan. The more sophisticated scan documented profound damage in our client’s brain. Using this leading-edge evidence, we successfully won our client’s claim and ensured his financial security.
If you have questions about what you need for evidence, how to preserve what you gather, or what you need based on your individual case, it’s in your best interest to contact a personal injury lawyer right away. At Crosley Law, we’ll review your case for free, look over what evidence you have, and give you an expert opinion on how to move forward while protecting you and your family.
Injured in a Texas Car Accident? Call the Expert Attorneys at Crosley Law
Our compassionate team will meet with you individually, get to know you and listen to your story, and help you understand your options. We can give you trustworthy advice regarding your lawsuit options, and what evidence you’d need to be successful. And if we decided to fight for you, you won’t pay a penny unless we win for you or get you a settlement.
The longer you wait to contact a lawyer, the harder it is to collect and analyze evidence, so please contact Crosley Law today.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
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Crosley Law Firm, PC is a professional corporation of trial lawyers focused on representing individuals and families who have suffered serious personal injuries or wrongful death. If you’ve been injured, fill out the form for a free consultation, or call 210-LAW-3000.