The personal injury litigation system is attracting renewed attention, stimulated first and foremost by compensation. Only a small percentage of cases reach trial, yet court proceedings can be issued if you have three years from the date of the injury to claim compensation, the defendant denies any sort of liability, or it’s impossible to reach an agreement regarding the value of the claim. During this time, your personal injury solicitor will start gathering evidence for compensation. Successfully navigating a case to a favourable settlement or verdict is more difficult than it seems. It’s necessary to prove that you suffered an injury, the extent of the injuries, and that the damage is the result of the fault or negligence of another party.
Types Of Evidence to Present in A Personal Injury Case
Evidence covers the burden of proof, admissibility, relevance, weight and sufficiency of what can be admitted in a legal proceeding. The means of acquiring evidence are variable. The quality of proof is how reliable such evidence should be considered. In what follows, the different types of evidence used in court and how they could affect your case.
Accident Reports
An accident report is a form that’s filled to record the details of an unusual event that takes place at the facility. The information is useful when dealing with liability issues. If you called the police or contacted the business, there most surely is an incident about the report. The report includes details about what, where, and when it happened. Insurance adjusters and solicitors place a great deal of emphasis on what’s in the accident report, especially if the findings indicate who was at fault for the occurrence. Do your best to get a copy of that report as soon as possible.
Photos And Videos
When you suffer a road traffic accident or trip over debris, essential pieces of evidence are left at the scene. You’ll need visual proof of what happened to you and where. If an eyewitness (or the police) took photographs of the incident right away, you must obtain copies. If there are no photos or videos of the actual accident, your solicitor will no doubt recommend getting the necessary evidence via an insurance claim or trial. Your injuries might heal, but pictures remain the same. This is precisely why you’ll want to document visible injuries. Photos represent credible and persuasive evidence, so they’re fit to be used in court.
Medical Data
In a personal injury case, you must disclose medical records. Documents that explain your medical history prove the injury, its severity, and even prognosis. Medical evidence comes in the form of a report, prepared by an independent medical expert. The medical report is based on information received from the patient and information obtained by the doctor during an appointment and examination of the injured person. The insurer may attempt to retrieve past medical records to see if your current injuries are connected to a past condition or the present incident. Your solicitor will protect your privacy and limit the number of documents the insurer has access to.
Financial & Insurance Documents
To prove pain and suffering, you need to get hold of your financial records. What you need is proof of out-of-pocket expenses that you’ve incurred. Hospital bills and doctor visits can easily pile up, so you should be reimbursed by the person who caused the accident. If you haven’t been able to work following the unfortunate incident, you’ve suffered lost wages, not to mention a reduced earning potential. Pay stubs will help you prove the income you never received. If you’re struggling to obtain compensation from your insurance company, your solicitor will need a copy of your policy
Witnesses Testimony
Witness testimony is a crucial source of evidence in trial, used against the defendant when claiming compensation. Juries tend to pay close attention to eyewitness testimonies, meaning that they find them a reliable source of information. Nevertheless, witness testimony can be affected by several factors, including but not limited to anxiety, stress, reconstructive memory, or leading questions. You or a family member should approach witnesses at the scene of the accident and demand contact information. It’s recommended to ask for a statement as soon as possible. Memories can fade, so what’s clear in a person’s mind right after the incident might not be so clear after a short while.
Making The Decision to Hire a Solicitor Can Be Difficult
Rather than handling your own personal injury claim, you should hire a solicitor. Your aim is to be fully compensated for the injuries sustained, besides past and future financial losses that have been or may be incurred. This can’t be achieved without the assistance of a legal professional. You don’t deserve to be left under pressure, especially if you’ve suffered a painful injury that wasn’t your fault. Find a law firm that will take your case on a no win no fee basis. Engaging a solicitor on a no win no fee basis is standard practice. You don’t pay the solicitor if you don’t receive compensation in your claim.
Under the no win no fee arrangement, the law firm agrees to provide legal services and not charge for those services unless it attains a favourable outcome. The fee depends on the outcome of the matter. To start the claims process, all you have to do is pick up the phone and schedule an appointment. The solicitor will determine if you have a valid case. You can claim damages for your injuries without having to worry about paying legal fees or costs upfront. Yet again, the solicitor will assess if you have a solid claim and if there’s a good chance of winning the claim.
Making the decision to hire a solicitor is anything but easy, especially if money is an issue. Some issues can be solved without the help of a legal professional, while others cannot. If you haven’t fought a claim before, you could use some help. The point is that you’re at a disadvantage if you don’t hire a solicitor.
