Evidence plays a critical role in personal injury claims. It can help establish negligence, calculate damages, and create a clear link between the defendant’s actions and your losses. You have the burden of proof in a personal injury case to show that the facts are more likely than not as you allege so that you can recover the compensation that you need and deserve. Depending on the circumstances, evidence that may help support your New Jersey personal injury claim may include the following:
Accident Reports
New Jersey law requires car accidents to be reported if injury, death, or more than $500 of property damage is involved. Slips and falls, dog bites, and other types of accidents can be reported to property owners, dog owners, and others to establish a formal record of the incident. These initial reports can lay out the facts surrounding the accident, record valuable information about the accident, and provide details about the parties involved in the accident.
Physical Evidence
Physical evidence may be available related to the accident that can be reported and tested, such as:
- Skid marks
- Bloody or torn clothing
- Damaged property
- Broken pieces
- Defective products
Photo or Video Evidence
Cell phone cameras, traffic cameras, dash cams, dashboard cameras, and surveillance cameras can help record accidents or factors related to the accident. Using these cameras can help preserve valuable evidence before it is altered.
Documentary Evidence
Some personal injury cases may involve other types of documentary evidence, other than the initial incident report. This documentary evidence could include:
- Contracts
- Company records
- Maintenance records
- Personnel records
- Medical bills
- Lost wage statements
- Written communications
Eyewitness Testimony
Statements from objective witnesses can help support one of the parties’ versions of events, especially in cases involving disputed liability.
Expert Witness Testimony
Some personal injury cases involve testimony by experts, such as:
- Medical experts who explain the victim’s injuries, how they are connected to the accident, and their future care needs
- Accident reconstruction specialists, who can use objective data to create visual reconstructions of how accidents likely occurred
- Engineering experts, who can clarify complex issues related to an accident or defective product
- Vocational rehabilitation experts, who can provide testimony about how an accident affects a victim’s long-term earning capacity.
Electronic Evidence
Some cases may involve electronic evidence, such as:
- Event data recorders, such as those stored in commercial trucks or passenger vehicles
- Cell phone records, when distracted driving is suspected
- Emails, text messages, or social media posts about the case
- Company records
- Maintenance records
- Personnel records
Medical Records
Your medical records can include details about the type of injuries you sustained and how they connect to your accident. These records could include:
- Emergency room reports
- Diagnostic reports
- Imaging studies
- Doctor’s notes
- Surgical notes
- Chiropractor records
Contact Us for Help Identifying and Preserving Valuable Evidence
The personal injury attorneys at Aronberg, Kouser, Snyder & Lindemann, P.A. can help to identify, gather, and preserve evidence that is critical in your case so you can focus on your recovery. Call us today to discuss more during a free consultation.
