Evidence In Personal Injury Claims


Evidence would be very important in a personal injury case. The person would need to start gathering all forms of evidence from day one, whether it was in the form of witnesses at the scene, photographs of the property damage at the scene, or photographs of people who were involved in the accident.

Witnesses would be the top thing we would need to try to get a handle on from the very beginning of the case, because people move and memories start to fade. It would be very important to do this part of the investigation in the beginning.

The other part of the evidence that is very important would be the medical evidence to determine what injuries had been caused by the accident.

Do You Advise Clients To Keep A Journal Of The Accidents And Their Continuing Care?

I do not really tell clients to keep a log of what is going on with them other than providing calendars for them to write down appointments for when they have to go to their doctors. They could write down appointments for therapy or specialist appointments, so that they can go back and see what kind of treatment they had been receiving as far as a timeline.

We would tell them to keep a journal if it would be helpful for medical reasons, for example if a specific issue was reoccurring, like migraines at a certain time of day, but otherwise we would generally not tell them to keep one.

Some issues can be discoverable by the other side and they could actually hurt the client if the client wrote down some things but did not write down everything because it would be interpreted to mean that if the person did not write it down, it did not happen.

What Are The Biggest Challenges People Face In These Cases?

The biggest challenges would probably be the lack of funds while going through the process and generally waiting for things to happen. The person is generally recommended to undergo medical treatment from the doctors, and the doctor may recommend for them to begin physical therapy or referrals to specialist.

There is a lot of waiting because the client has to go through the medical treatment and see how their body responds to treatment. During that time, they would still be going through all the pain and they may not be able to make the money they were making before because they were not able to work the hours they were working before, on top of trying to get their physical therapy.

The other big challenge is once it gets to litigation, there is time involved. It takes a lot of attorney time, as well as client time. The client needs to come in and answer a lot of questions for responses to interrogatories and produce documents.

When it is time for trial, it takes time to just get prepared for the trial and get the client prepared and all the other witnesses prepared with the client. We would need to prepare the before and after witnesses and talk to the client about their doctors, past medical treatment, and future recommendation.

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