Suffering injuries in an accident can cause excruciating pain. It can also lead to numerous other losses, including medical expenses, lost income if your injuries force you to miss work, emotional trauma, and much more. If another party is at fault for the accident, you can claim compensation for these losses from them or their insurer. However, a successful claim requires extensive documentation and evidence. You must prove that the other party was negligent, that they caused your injuries, and that your losses support the figure you are claiming. Here is everything you need to know about the evidence you need.
Proving Liability
Demonstrating that the other party is at fault for your injuries and losses is one of the most critical aspects of a personal injury case. An experienced attorney can conduct an investigation and collect evidence such as:
- Photos and videos from the accident site
- Physical evidence from the accident scene (e.g., loose car parts, skid marks, property damage, broken stair rails, defective machinery)
- Statements from eyewitnesses
- Insights from accident reconstruction experts
- The police report or accident report
- Data from a vehicle’s onboard computer system
- Cell phone records
Evidence of Medical Expenses
Medical expenses constitute one of the most significant economic consequences in personal injury cases. The cost of medical attention and treatment can be shocking, and ongoing expenses can result in losses of tens or hundreds of thousands of dollars.
To prove the cost of your medical expenses, you should compile invoices, bills, and receipts for:
- Ambulance rides
- R. visits
- Doctor’s appointments
- Diagnostic scans (X-rays, CTs, MRIs)
- Surgical procedures
- Assistive devices
- Medications
- Rehabilitation
Furthermore, you might need statements from a medical expert who can offer a professional assessment attesting to the connection between the accident and your injuries, as well as your long-term prognosis and any required ongoing care.
Evidence of Lost Income
Many injuries cause temporary or permanent disabilities, preventing accident victims from performing their work duties. Your accident claim can allow you to recover past, present, and future lost income. To prove your losses, you will need to save documents such as:
- Employment contract
- W-2s and other tax forms
- Pay stubs
- Bank statements (especially if you rely heavily on tips)
- Correspondence with your HR department
Reduced Earning Capacity
Some accident injuries cause permanent disabilities that reduce a victim’s ability to work and earn an income. For example, a construction worker who loses function in their dominant hand may struggle to perform manual labor at the same level as they could before the injury.
To claim and quantify losses from reduced future earning capacity, an attorney may consult vocational experts. These professionals can analyze the victim’s education, skills, experience, and residual abilities post-injury. They can then compare projected income based on the victim’s original earning trajectory versus their likely compromised earning potential going forward.
Evidence of Pain and Suffering
In addition to losses like medical bills and lost wages, accident victims can claim compensation for intangible losses like emotional distress and pain/suffering. However, quantifying subjective psychological and physical anguish presents challenges.
Your attorney can retain medical experts to assess the trauma you endured and opine on the degree and duration of the suffering. Documented factors like the extent of injuries, whether they are temporary or permanent, and how much they disrupt your normal lifestyle help substantiate pain and suffering claims.
Your lawyer may request that you keep a journal detailing your medical appointments, your daily pain levels, and the effect your accident-related injuries have on your life and ability to perform your usual daily activities.
Loss of Enjoyment of Life
A loss of enjoyment of life claim allows recovery for the loss of a person’s ability to engage in recreations and pleasures that provide meaning, enrichment, and satisfaction in their life. Like suffering, gauging these losses can pose difficulties, given their subjective nature. However, your lawyer can have medical, vocational, or other experts assess how your injuries impede life enjoyment.
Insurance adjusters often vehemently contest these intangible losses, making experienced legal advocacy essential. An experienced personal injury lawyer will know how to calculate an appropriate value for your subjective losses and what documentation will best support your claim for the compensation you deserve.
Contact Murphy Crantford Meehan Today
Gathering the necessary evidence for a successful personal injury claim can feel daunting, especially when you are in the recovery process. An experienced South Carolina personal injury attorney can compile the evidence for you.
The lawyers at Murphy Crantford Meehan have the knowledge and skills to identify all at-fault parties, calculate the full value of your losses, negotiate aggressively with the insurance company, and take the at-fault party to court, if necessary, to get the compensation you need. Contact us today at (843) 396-3840 for a free consultation to learn more about how we can help you.
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