WHAT TYPE OF EVIDENCE DO I NEED WHEN I FILE AN INSURANCE CLAIM?

WHAT TYPE OF EVIDENCE DO I NEED WHEN I FILE AN INSURANCE CLAIM?

Posted on Wednesday, July 17th, 2019 at 11:14 pm    

Have you been injured in an accident? If so, you will probably file an insurance claim to recover compensation for your injuries. However, an insurance company is not going to pay a claim unless you can prove fault, liability, and damages. Therefore, you need to gather evidence proving your claim for damages. If you are unsure what evidence you need or if the insurance company has denied your claim, you may want to talk to a Sacramento personal injury lawyer now. We offer a free consultation, so it does not cost you anything to ask questions and get advice about your accident claim.

Evidence Used in a Personal Injury Case

The evidence used in a personal injury case depends on numerous factors, including the type of law applicable to the claim, the type of accident, and the unique circumstances of the case.

Fault and Liability
Evidence proving fault and liability is the first type of evidence you need in a personal injury case. If you cannot prove that the other party caused the accident (fault), you cannot prove the party should reimburse you for your damages (liability).

The first step is proving fault. Evidence used to prove how an accident occurred could include:

  • Photographs and video of the accident (i.e. photographs of the accident scene, traffic camera video, surveillance videos, etc.)
  • Copies of accident reports and police reports
  • Statements from eyewitnesses
  • Physical evidence from the accident scene and any property involved (i.e. vehicles, stairs, construction site, truck’s black box, etc.)
  • Copies of maintenance reports and repair records
  • Cell phone records (i.e. distracted driving)
  • Notifications and notices of recalls
  • Insurance policies and contracts
  • Testimony and research from experts, such as an accident reconstructionist, builder, manufacturer, or medical expert

There could be additional evidence needed to prove fault and liability for an injury claim. An experienced attorney understands the laws related to personal injuries and what an injury victim must prove to recover money for their claim.

Damages and Losses
In addition to the above evidence, you need evidence proving your damages and losses related to the accident. In other words, you need to prove you sustained an injury and incurred financial losses.

Evidence that is used to prove damages in a personal injury case includes, but is not limited to:

  • Medical records
  • Employment and Income records
  • Photographs of injuries
  • Medical expert testimony
  • Receipts, invoices, and bills
  • Pain and suffering journal


To recover compensation for financial losses, you need evidence that proves you actually incurred the expenses or would have earned the income had it not been for the accident. Noneconomic damages or pain & suffering damages are a bit more difficult to prove. It can be challenging to place a monetary value on a person’s physical, emotional, and mental suffering and pain. A pain journal with details of your recovery can be very useful in demonstrating how the accident and your injuries impacted your daily life

Our legal team works closely with our clients to document each damage, expense, and loss associated with the accident and the injuries. By keeping a detailed accounting, you increase your chance of recovering compensation for all damages when you file your insurance claim.

Contact a Sacramento Personal Injury Attorney for Help

When you file an insurance claim, the insurance company assigns an adjuster to the claim. The adjuster may also utilize other professionals while investigating the claim. The insurance adjuster’s job is to pay the lowest amount to settle your claim. If possible, the insurance company prefers to pay nothing for your claim.

It can help to have an experienced California personal injury lawyer on your side. Call Tiemann Law Firm at (916) 999-9000 to schedule a free consultation to discuss your claim.

Client Testimonials

Elena Basquez
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The Tiemann law Firm has been very good to me ever since I walked in the door. James and Emily have been very responsive and professional and make me feel comfortable when I start to freak out a bit. Accidents can be pretty stressful and I feel like they’ve gone above and beyond. I’m happy that keep me up-to-date on how my case is going. I appreciate that they make me feel like a priority and that they take my case serious. I have already recommend them to a few friends and family members. God forbid I get into another accident, but if I do, I know exactly where to come for help.

Elizabeth Ochoa
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I chose Tiemann Law Firm to help me after a car accident I was involved in. Throughout the entire process, Moe made sure to keep me updated, he always responded quickly whenever  I had questions about anything. My case won thanks to this law firm and their dedication. My experience with Tiemann Law Firm was amazing! 10/10 recommended.

Beca Lopez
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Such wonderful experience with Tiemann Law firm. The employees are great, respectful, and kept in contact with me throughout the entire process. I would definitely recommend this firm. Thank you so much for your services!

Tajii Black
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Don’t listen to the bad reviews! My experience with this law firm is unmatched , I always recommend to colleagues and friends and they have not been disappointed either. Great quality people who care about the outcome not just the bottom line

Dawniel Ewing
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I have nothing but great things to say about this firm. They have been extremely helpful and professional when dealing with my case. Anytime I needed anything or wanted updated they responded immediately. They made me feel like they cared. Highly recommend them!

Amy J
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Tiemann Law Firm is a great law firm. The best part is we won and I received a bigger settlement than I thought was possible! They keep in touch and are friendly and easy to talk to. If you want the best settlement for your case,   CALL THESE GUYS!!!

Michael T.
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I sat down and met with Jelena Tiemann about my vehicle accident.I presented all of my documentation to her in which she gave me her assessment.Although the Tiemann Law Firm wont be representing me because my settlement offer was pretty good she was very clear,forward and professional about what she felt could and couldn't be done.I recommend this law firm to anyone who needs a helping hand at fighting a case where you don't have to worry about the outcome not going in your favor. Please don't review this business if you received a freebie for writing this review, or if you're connected in any way to the owner or employees.

Herb T.
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The Tiemanns were referred to me by a friend and I am exceptionally happy with the service I received. I had never been in an accident before. I had no idea what to do. Jelena verbally explained how everything would work to me, and she and Peter handled everything. I didn't have to lift a finger once. They went above and beyond for me and I am extremely grateful. I pray I won't ever need this type of assistance again, but I will definitely be referring them to friends and family.

Jennifer T.
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I highly recommend The Tiemannn Law Firm! I had never before been in a situation where I sustained injury and had to seek legal representation. I was nervous, traumatized, and had no idea what to expect. Jelena, Peter, and their staff walked me through each step of the process. They explained everything in detail. They patiently answered all my questions, responded quickly to every email, text message, phone call, etc. I felt totally prepared for each new phase of the legal process. Furthermore, they were fearless in their defense of me. In certain situations, when I felt attacked or scared my attorney protected me like I was family. Their diligence, honesty, integrity, and compassion provided a true sense of healing and closure for my family and I. The Tiemann Law Firm accomplished more for me than I ever thought possible and I am forever grateful.

Hanna Padilla
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From the very start of my case the Tiemann Law Firm was wonderful. Perter came all the way to my home to sit down and talk to me about my options. He made me and my partner feel very comfortable and promised us he would take the very best care of my case. Peter kept me informed every step of the way and was always on top of things. everything was done in a timely manor and I always felt like I was the only case he was working on because he was so fast. In the end Peter got me back way more money than I ever expected. I would recommend this law firm to everyone. I am very happy with the outcome of my case thanks to the Tiemann Law Firm! Thank you!

S.B.
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Here's the thing... Nobody really thinks much about lawyers until they need one.  Well, we needed one!  The Tieman Law Firm came through for us in a big way. They were professional, courteous, thorough, and had an excellent staff as well.  Highly recommended...

Star Fire
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It is hard to put into words the care and dedication that I received from the Tiemann’s. They have been here for me every step of the way and were always available when I had questions or concerns. My husband and I will be forever grateful for everything they have done for us and our family. Thank you so much for all of your hard work and time you have put into my case, we greatly appreciate it and your friendship. We highly recommend this firm and will always be thankful for everything they have done. Thank you so much again, Kim

Jereme S.
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No-one wants to have to hire a lawyer, but if you do. I prefer Tiemann Law. They helped a family member who was injured on the job, and the company did not want to compensate him even though, the injury occurred on the job on company time. Jelena was always professional in explaining the lengthy process of fighting a large corporation. 2 years later he finally is receiving the deserved compensation.

Maye Ly
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I just saw my lawyer Jelena Tiemann on a t.v ad, which reminded me how much she helped when I was in a desperate situation. I just love her! That is why I feel a need to tell everyone. I had a situation that happened & didn’t know what to do, our where to go. I didn’t even know if she could help me or if any lawyer could. All I wanted was it to go away & was afraid most lawyers wanted to drag it out & possibly go to court. For one she was very professional but was very personable (maybe b.c she’s a lady). She didn’t make me feel embarrassed or self-conscious that I did something wrong or was the cause of the situation. She immediately said we should try our best before going to court. Let me handle some paperwork, if at the last we do go to court we have documents. She gave me all the details, pros and cons but reassured me she deals with these cases all the time. She came through and made it as painless as possible. I now have my life back.

Matt H.
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I was in a car accident a while back where I was injured and had to miss work for an extended period of time.  After nearly a year of fighting with the insurance company with no results and no progress, I met with Jelena Tiemann.  I couldn't have asked for a more responsive and supportive advocate.  We quickly reached a settlement and I finally was able to move from the stress and burden of feuding with my insurance.  I highly recommending meeting with Jelena if you're in need of a lawyer.

Jennifer Birdseye
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Tiemann Law Firm helped us with an injury case for my nephew. They were very knowledgeable and we are very happy with the service they provided. The entire staff is topnotch!

Lendzey Garcia
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I was in a very bad/ major car accident I originally had an attorney who wasn’t trying to help me out much or take any of my calls so I called Tiemann and told them my situation. They made it an AWESOME and Smooth transition over to them and took on both cases I had. I just settled on my big case and am beyond great full. For them and their team! I highly recommend them. To add on to this a little On how much they will work with you, I moved to Montana in the middle of all Of this and it was not an issue!