Evidence & What You Need to Prove

In California and elsewhere, when you file a personal injury claim, you need to support that statement of events and demand for damages with evidence. Evidence comes in many different forms, from tangible to intangible to print or video. Here is an overview of the most common forms of evidence you will need to win a personal injury claim.

Police Report, Accident Report, Accident Reconstruction Report

What this is: Police reports are reports created by the attending officers who witnessed or investigated the accident or event. Police reports contain important information, like witnesses, time, bodily injury, property damage, what allegedly happened, and who caused it. Accident reports are often the product of businesses where an accident occurs and can contain some of the same information as a police report contains. For example, if you slip and fall at a grocery store, they likely have an accident report that must be completed. Accident reconstruction reports are slightly different reports because they are conducted after an expert is hired to investigate the accident and create a report on the findings. Accident reconstruction reports are common in auto accidents and can prove critical.

What this proves: Police and accident reports will help establish the cause of the accident and, therefore, prove who is at fault for it. Sometimes, there are multiple at-fault parties, and the police and accident reports will also indicate or suggest the same.

Medical Records

What it is: Medical records outline the nature of your injury, the alleged cause of injury, diagnosis, prognosis, need for therapy or future anticipated medical treatment, and, among other things, the costs of all of it.

What it proves: Medical records substantiate your injury and can link the injury to the cause of the accident or event. Medical records (including medical bills) are also used to prove both economic and non-economic damages.

Missed Work & Lost Wages

What it is: Documentation to prove missed work or lost wages are typically provided in a number of ways, the most common of which include:

• A letter from the employer stating your title, pay rate, hours work on average each week, how many hours/days missed, and total amount of lost pay;
• Offer letter;
• Pay stubs;
• W-2s; and
• Tax returns.

If possible, it is important to have a doctor’s note stating that you were unable to work, are unable to work, and/or will continue to be unable to work for a certain established period of time.

What it proves: Proof of missed work or lost wages supports a demand for economic damages due to an inability to work (past, present, and/or future).

Terms of the Insurance Policy

What it is: Many personal injury claims, especially those involving auto accidents, begin with the injured party contacting its own insurance company. You will want to know the terms to determine what’s allowed and what’s not.

What it proves: Your own insurance policy isn’t usually only relevant in cases where, for example, you carry comprehensive coverage or uninsured/underinsured motorist insurance, and the insurance company refuses to pay. A lawyer can determine what the terms say and mean to justify or support a claim for damages from your own insurance company.

Communication Records

What it is: Communications records can be any communication between the plaintiff, the defendant, or relevant third parties. Common communications involve conversations between the at-fault party’s insurance company, the insurance agent or adjuster, and the plaintiff. Typically, the plaintiff should restrict all communications with the at-fault party’s insurance company because the latter may manipulate those communications to its benefit, but if a conversation does occur, it’s best to keep records or to have a written copy of it. Records could be emails, proper phone transcripts, or, among other forms of communications, mail correspondence.

What it proves: Communication records can be used to dispute a claim made by the insurance company, or, on the contrary, prove that something was specifically stated. As with so much else, it really depends on the communication and the case.

Expert Witness Statements

What it is: Expert witness statements are testimony provided by an expert in a specific field or industry. It could be an expert on truck maintenance (for cases involving truck accidents) or it could be a psychologist testifying about emotional injuries caused by the accident or event. A witness must qualify as an expert by possessing the knowledge, skill, education, experience, or training expected or required in the specialized field. Further, expert statements must be based on facts and data reasonably relied upon by other experts in the same field. As such, expert witnesses testify to the facts as well as provide a professional opinion.

What it proves: Expert testimony can prove things like what happened, how it happened, who is at fault, the extent of the injury (including complexity and prognosis), and other elements of a personal injury claim. It all depends on what type of expert the witness is.

Lay Witness Statements

What it is: People who saw the accident or saw you after the accident can provide testimony in the form of lay witness statements. Testimony can include what they saw happen during the accident or what happened leading up to it. Witnesses can also testify to how your life changed (e.g., no longer can play a certain sport or perform a certain activity) or what changes they saw in you (e.g., physical pain, mental distress, or emotional trauma). Lay witnesses can only testify to what they saw or heard and cannot provide an opinion of what they think happened.

What it proves: It can help prove what happened, what caused the accident, and who is responsible for it. It can also help prove damages like pain and suffering.

Photographs, Video, or Other Visual Evidence

What it is: Photographs, videos, or other tangible and visual forms of evidence of the personal injury, property damage, and the scene of the accident or event are irreplaceable forms of evidence. It puts the judge and jury at the scene and lends a pretty good picture of the trauma suffered. This type of evidence is usually obtained from phones, dash cams, traffic cameras, surveillance or security cameras.

What it proves: This type of evidence can prove many things, including bodily injury or property damage sustained as well as support itemized medical or repair bills.

Personal Journal

What it is: A personal journal is a journal specific to your personal injury. It should outline things like your day-to-day living, how life has changed, what your mental state is like, how the injury affects you physically and emotionally, and how medical treatment impacts your life. It can include photos and drawings or reflections on fears and hopes. You don’t need a fancy journal, just a pen and paper or a computer.

What it proves: If you seek non-economic damages for pain and suffering, a journal can be an effective way to quantify the pain and suffering you endured. Proving pain and suffering can be difficult, but a personal journal opens up a window for the jury and/or judge to understand exactly what you have experienced.