The Role of Evidence in Winning Your Personal Injury Case
A successful personal injury case depends on you demonstrating the other party’s liability and providing proof of your losses. A personal injury or accident can cost you five or even six figures in medical costs and lost wages. Besides financial damages, you may also experience emotional and physical damages. Working with our experienced Pennsylvania personal injury attorneys can be the key to a successful outcome.
Components of a Personal Injury Claim
In a personal injury case, you will need convincing evidence to show how the defendant behaved illegally, causing you harm. This shows that the defendant is liable for your injuries. Most personal injury cases center around showing that someone behaved with less than reasonable care in performing a task, known as negligence.
To establish negligence, you must prove the following:
- The defendant had a duty of care. In a pedestrian accident case, a motorist has a duty to follow traffic rules and regulations to keep all road users safe.
- The defendant breached his or her duty of care. In a pedestrian accident case, the defendant violated the duty of care if he or she failed to yield right-of-way to the pedestrian (the plaintiff).
- The defendant directly caused the plaintiff’s injuries. In failing to yield, the defendant struck the pedestrian, causing the plaintiff catastrophic injuries.
- The plaintiff suffered actual harm. Recovery in a personal injury claim depends on showing that the plaintiff experienced measurable losses (or damages). In a pedestrian accident case, a plaintiff may sustain lost wages, medical expenses, and post-traumatic stress disorder (PTSD).
Evidence to Prove Liability
Photographs
Photographs are typically taken after the accident, showing if there were any skid marks or vehicle damage, as well as capturing the pedestrian’s injuries. If possible, photos should be taken with and without flash to ensure that images can be seen clearly. Pictures taken from different angles, as well as wide shots and close-ups, can also be beneficial. Generally, the more pictures, the better!
Police Report
Pennsylvania law requires that you call law enforcement if anyone is injured or killed, so the police are typically contacted in pedestrian accidents. The responding officer will prepare a police report, which can be submitted with your accident claim. This report will include details of the collision, including date/time/location, the names of all parties involved, a description of the accident, and who the officer deems at fault.
Video Footage
Video footage can be invaluable, showing exactly how the accident unfolded. While local businesses may have surveillance footage that can be subpoenaed, dashcams have become a more promising video source. Pennsylvania law does permit drivers to use a dashcam as long as it does not obstruct the driver’s view of the road. Many dash cams do have loop recording, meaning that old footage will be recorded over once the memory card fills up. Of course, the wrongful driver is unlikely to willingly hand over this footage. In this scenario, our legal professionals will send a spoliation letter to ensure that the evidence is preserved.
Eyewitness Testimony
A bystander who saw the incident can provide insight that would otherwise not come across in physical evidence. In the case of a pedestrian accident, the witness may be able to testify to the speed of the vehicle, if the pedestrian was violating any traffic laws, and the general flow of traffic. Credible eyewitness testimony can be powerful, swaying a jury toward a larger award.
Phone Records
Distracted driving is a major contributing factor to car accidents, leading to serious injuries. While potentially overlooked, a person’s cell phone records can reveal if the driver was on his or her phone (and distracted) at the time of the accident. A cell phone record will detail the time of the call, the length of the call, and which cell tower the phone was connected to. Due to privacy laws, cell phone records almost always need to be subpoenaed.
Evidence to Prove Damages
Once liability is determined, our legal team will collect proof of damages. In a pedestrian accident case, this may include:
- Pay stubs, W-2s, and tax returns to provide proof of lost wages;
- Invoices for ambulatory services, hospitalizations, surgeries, and prescriptions to provide proof of medical damages;
- Medical imaging (X-rays, CT scans, MRIs, ultrasounds), doctor’s notes (including diagnosis, treatment, and prognosis), and discharge instructions to provide for physical damages;
- Pain journal, medical records, eyewitness testimony, and your own personal testimony to provide proof of pain and suffering damages.
This evidence can establish your financial, physical, and emotional damages, highlighting the extent of your hardship. While demonstrating the wrongful party’s negligence is key to a successful claim, proof of damages ensures that you receive maximum compensation for your injuries.
Injured? Contact Our Pennsylvania Personal Injury Attorneys
Personal injury victims should be compensated for the entirety of damages, not just the ones that impact their finances. At DiLoreto, Cosentino & Bolinger, our Pennsylvania personal injury lawyers pursue every avenue to obtain just compensation for you. We have seen firsthand the distress of being in a personal injury or accident, and we want to get you legal relief as soon as possible. To arrange your free consultation, contact our office online or by calling (717) 496-0070.