Personal injury claims – gathering evidence

Personal injuries come as a surprise that few of us are equipped to deal with in the immediate aftermath. You may feel embarrassed, you could feel angry, or even let down, and you will almost certainly have questions (for example, see how to sue walmart for personal injury).

Whatever the scenario, gathering evidence may be vital to the success of any future claim… Take photos (or ask someone else to take photos)
If you have been injured during the course of your day through no fault of your own, the overwhelming likelihood is that a third party could be held responsible for your injury. While you may not immediately know which branch of the local authority may be held as negligent in cases of injuries that occur in the streets, injuries that occur in supermarkets or sporting venues or libraries, for example, present a more direct route towards ‘pointing the finger’ accurately.

What is important to remember is that wherever your injury took place, the responsible third party may remove or tamper with the evidence (either inadvertently or on purpose – think of an employee cleaning up spilled milk in the dairy aisle after you have slipped on the liquid and become injured). That is why you must take photos of the scene as soon as possible, before the case becomes a ‘your word against theirs’ over the extent of any negligence on behalf of the third party.

Take the contact details of witnesses
Eyewitness testimony does not always present you with robust evidence – stories change in people’s minds, details become emphasised or forgotten, and some people may just not be very useful at putting what they saw into words. However, if multiple people saw your injury occur, and if you are able to take the contact details of these people, there is no harm in presenting the evidence to your lawyer as a potential additional means of supporting your claim. In other words, do the hard work now while you can – it’s preferable to have the information available and not to need it, rather than to need the details of eyewitness testimony and not have the information available.

Other types of evidence – speak to a lawyer
Gathering evidence in support of your personal injury compensation claim is one of the first steps in putting together the details of your claim. While speaking to eyewitnesses and taking photos of your injury and of the scene put ticks in boxes, there are other types of evidence that your lawyer can point out. For example, a lawyer may be able to assist in accessing CCTV footage. A lawyer can also request access to your medical records following any hospital visits that resulted from your injury. Depending on the circumstances of the case, any number of other types of evidence may be required. That is why it is important to speak to a lawyer as soon as possible, giving ample time to put together your claim for the scrutiny of the law.