When another person injures you, causing financial and emotional damages, you will likely need to file a personal injury claim to cover the losses. Our attorneys can help gather the evidence you need to prove your claim, no matter what type of accident you were injured in.
You will usually need several forms of evidence to support your claim. Accident reports are a good place to start to get an overview of the accident and who was involved. You can report your accident to the police or a property owner or manager if you were injured on another’s property, like a business you frequent. Photos can be used to preserve physical evidence that cannot be saved for later or brought into court. Our team will also gather medical records from your healthcare providers to support your claim for damages.
Call Agrapidis & Maroules, P.C. at (201) 777-1111 for your case assessment from our New Jersey car accident attorneys free of charge.
What Types of Evidence Are Useful for Proving a Personal Injury Claim in New Jersey?
In virtually every personal injury case, numerous pieces of evidence are used to support the victim’s claims. Some evidence is used to prove the defendant’s negligence, like accident reports, photos, and eyewitness statements. Other forms of evidence, such as medical records, help calculate and prove the damages caused by the defendant’s misconduct. Our personal injury lawyers in New Jersey can determine what evidence is likely available depending on your accident and gather it on your behalf while you focus on your treatment. Experts can also help review the evidence obtained, giving their professional insights to support your case further.
Accident Reports
Accident reports are often one of the first types of evidence used in an injury claim. They can provide our attorneys with a detailed overview by telling us the approximate time of the accident, who was involved, and their statements regarding how the incident occurred.
Under N.J.S.A. § 39:4-130, if you are injured in a car accident, you are required to report it to the police. Our team can identify which police department investigated your crash to get your report as soon as possible. In addition to the information above, a police report will typically include the officer’s observations of your injuries and crash site. While the report and the observations within it are often considered hearsay and cannot be used as evidence in a trial, it has its uses in insurance claims and case planning. One of its greatest values is providing eyewitness information, which our team can use to contact and interview them if you did not have the opportunity to get their details.
In certain cases, like slip and fall accidents on another person’s property, it might be best to report the incident to the property owner or business rather than the police. For instance, if you were injured in a department store, like Target or Walmart, or on NJ Transit property, a supervisor will typically make a report for internal records. You should get a copy, as you are entitled to a report, but our team can also get it during litigation if they failed to provide a copy when you reported the accident.
Photographs and Video Footage
Photos and videos can also support your personal injury claim. Taking pictures is often the only way to preserve evidence that does not last long or cannot be physically presented in court.
For example, debris will likely litter the scene of a vehicle accident but will be cleaned away soon after the police investigate. Photos of the crash and your damaged car can be used as evidence since you realistically cannot bring them into court later. Once you have pictures of the damage to your vehicle, you do not need to worry that you will lose evidence by having it replaced or repaired. Or, if you slipped and fell, take photos of what caused the fall, like a spill or faulty stairs, as businesses are eager to clean away conditions that point to their liability.
Video footage can be used for the same purposes if you record the evidence rather than take photos. Our team will also determine if your accident was caught on security cameras, like those inside a business or a home’s door camera. The important thing is to request the footage quickly before it is erased. If the footage owner refuses to provide it, we can subpoena the recording.
Medical Records
Medical records are necessary to prove what injuries you sustained and connect the accident as their cause. They also provide a timeline and overview of what you have had to go through to address your injuries.
Medical evidence typically starts with records from the emergency room, which include directions on getting additional care. If you need treatment after your injury, get your injuries treated as soon as you can and follow advice for additional follow-up care. By following that advice, you will have records of your continued treatment, such as chiropractic care, physical therapy, and diagnostic testing, like CT scans and MRIs.
Medical records are extremely important when a victim’s injuries are sustained in a car accident. New Jersey is a no-fault state, meaning your own insurance will compensate you for your economic losses, but non-economic losses must be recovered from the other driver’s insurance or a lawsuit. However, you can only pursue a lawsuit after a car accident if you have no limitations on your no-fault insurance or if you sustained serious injuries. If you do not have an unlimited policy and are missing medical records of your injuries, you could be left covering the costs of your pain and suffering.
Expert Testimony
Experts can also be called upon to help interpret and explain complex evidence in a personal injury claim. This is necessary when the information is beyond the understanding of a layperson.
For instance, medical experts can explain complicated treatment plans and procedures. Accident reconstruction experts can use the evidence we gather and their special knowledge to determine how the incident happened.
Call Our Personal Injury Attorneys in New Jersey Today to Get Help Gathering the Evidence that Supports Your Claim
For a free assessment of your case with our car accident lawyers, call Agrapidis & Maroules, P.C. at (201) 777-1111.