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.