Evidence for Personal Injury Claims: What You Need to Build a Strong Case

Building a strong personal injury claim depends on the quality of your evidence.

When you’re seeking compensation for injuries, it’s not enough to simply tell your side of the story — you need clear, convincing proof that shows:

• What happened
• How severe your injuries were
• How your injuries have affected you financially.

The right evidence can make the difference between a successful claim and being left without compensation or any way to pay your ongoing or long-term expenses.

In this article, our San Antonio and McAllen personal injury attorneys explain:

• Why evidence is crucial for your claim and maximizing your compensation
• The three different types of evidence you need to succeed in a personal injury claim
• Exactly which types of evidence to collect.

Why Evidence Is Crucial in Personal Injury Claims

Evidence is the foundation of every personal injury case. It helps you prove three critical elements:

• How your accident happened
• Who was responsible for your accident
• The extent of your injuries and the losses you’ve suffered.

Without clear proof, it’s difficult to show someone else’s liability and justify the compensation you’re seeking.

As such, evidence is key during negotiations with insurance companies.

Insurers will look for any reason to minimize a payout — or even deny your claim entirely.

A lack of evidence makes it easier for an insurance adjuster to dispute your version of events or downplay your injuries.

Conversely, strong evidence puts you in a strong position, making it more likely you’ll receive a fair settlement.

Key Evidence You Need for Your Personal Injury Claim

Many types of evidence can support your claim. Every accident is unique, and some claims are more complex than others, especially if there are multiple parties involved.

However, certain evidence is critical no matter your type of claim. Evidence can be broadly categorized into three groups:

• Evidence of your accident
• Evidence of your injuries
• Evidence of your losses.

Let’s look at each of these in more detail and the different types of evidence that can fall into these categories.

Evidence of Your Accident

Photographs and Videos

Visual documentation is some of the most compelling evidence you can gather. The reason for this — aside from that it can clearly show what happened — is that it is difficult to get after the fact. If you don’t document your accident immediately after it happened, other evidence can support your claim, but your claim will be much stronger if you have immediate visual documentation from after the crash.

For example, if you have photographs of the injuries you sustained immediately after a car crash or slip and fall, you have time and date-stamped proof that you sustained your injuries during your accident. This makes it harder for the other party to claim you suffered them later in a completely unrelated event.

Photographs and evidence from the scene can also be valuable for showing how an accident happened. If you slip on a spillage at Walmart because there wasn’t a wet floor sign and you take a photograph of the hazard, Walmart cannot quickly place a wet floor sign and claim it was there all along.

In traffic accidents, visual documentation becomes even more critical. Conditions can change rapidly and the scene is often cleared as quickly as possible so that it doesn’t hold up other motorists.

But this means you have only a short window to document the scene. Skid marks that indicate one driver braked rapidly or swerved can wash away, or other motorists involved in the crash might flee the scene before the police arrive. Photographs and videos can also be used by accident reconstructionists to accurately recreate the scene and show how the crash occurred and who is likely responsible.

You might not always be able to document the scene after an accident, such as if you have to go straight to the hospital. However, if you can — or you can ask a friend or loved one to do it for you — it can be some of the most powerful evidence for your personal injury claim.

Try to document as much as possible, including:

• Your injuries
• Any damage to your vehicle (if applicable)
• Property damage
• Damage to other vehicles (if applicable)
• Environmental conditions, such as the weather, signage, and any hazards (if applicable)
• The scene itself (showing the absence of a wet floor sign, a pallet that poses a trip hazard, or the resting positions of other vehicles involved in an accident).

You don’t need fancy equipment to document the scene — your cell phone’s built-in camera will do. What’s most important is that you can clearly see what is being photographed or recorded and that it is time-stamped to show the evidence was gathered just after your accident.

Try to take multiple photographs and videos, too. A personal injury attorney can select the best shots that will support your case, and it’s always better to have to whittle down a few dozen photos than to be missing a photograph that could tip the scales in your favor, so don’t worry about having too much visual documentation.

Try to take photographs from various distances and from multiple angles. For example, a close-up shot can show the detail of your injury, while a wider shot will document the size and its location on your body.

Read our guide to accident scene photography

Police and Accident Reports

When law enforcement arrives at an accident scene, like after a car or truck accident, they will investigate the crash and document their findings in a document called a crash or police report. This document can carry significant weight in a personal injury claim, as it records essential details including:

• When the accident happened
• Who was involved
• The injuries and vehicle damage sustained
• Who witnessed the crash.

The crash report will also include a written narrative of how the accident happened based on the attending officer’s observations, the factors that contributed to the crash, and any citations or charges issued to other drivers.

This is when the crash report can be incredibly valuable evidence in a personal injury claim.

Take this scenario:

It’s important to get a copy of your accident report as soon as possible after a crash. Officers have up to 10 days to file their report after an incident, and it can take a further four business days for the report to be made available for purchase on the Texas Department of Transportation’s website.

You will need a certified copy for legal purposes, but your attorney can help you through this process and purchase the report on your behalf.

But what if you can’t get a crash report because you weren’t injured in a motor vehicle accident?

What if, instead, you were hurt in a slip and fall or other type of accident?

In this case, you will need to get a copy of the incident or accident report created after you were hurt.

For example, if you suffered an injury at work or at a restaurant or a grocery store, you should report the accident immediately — whether to your superior or a manager at the establishment.

Individual processes may vary, but they should document the accident. If they do not mention this to you, make sure you — or someone you trust — request they do this. Otherwise, they may create a report that paints the situation in a light more favorable to them.

Make sure you record your injuries and explain what happened.

Witness Statements

Eyewitness statements can also be valuable evidence in a personal injury claim. Witnesses can include passersby, pedestrians, work colleagues, and motorists, and they can offer an unbiased account of how an accident happened.

If they were not directly involved or hurt in an accident, they do not have a stake in providing an account that favors one particular party, making their statement more credible.

Witnesses might also notice details you forgot or missed during the initial confusion or trauma of the event.

However, it’s important to collect the details of any witnesses as soon as possible after your accident. Your attorney can follow up with them to collect a formal statement — but only if you know who they are and how to reach them. Time is also of the essence, as memories fade and witnesses can move away or change phone numbers, making them difficult to track down.

Eyewitness testimony is one of the least reliable types of evidence, especially if there are multiple witnesses, each with a different version of events.

A witness might be called to testify and inadvertently tell an alternative story purely because they cannot remember what they said earlier. A defense attorney will use this to their advantage, claiming that the witness is unreliable. However, coupled with other evidence, testimony that corroborates your statements can help move the needle in your personal injury claim.

Physical Evidence

Physical evidence can provide evidence of your losses, such as damage to your vehicle or personal property, but it can also be valuable for showing your accident happened.

For example, debris can show a vehicle collision occurred. If you were injured by safety equipment that failed or a defective product, it’s vital to preserve these, as they can prove vital for your case. Otherwise, the person or party you are claiming against might claim that the product or equipment was not defective and, therefore, that they can’t be held responsible.

Evidence of Your Injuries

Medical Records

Your medical records are among the most impactful pieces of evidence you can present as part of your personal injury claim.

To recover compensation, it’s not enough to show the accident happened — you must also show you suffered harm, and medical records help prove just that.

One of the mistakes we often see clients make is not seeking medical attention after their accident. There are many reasons for this. We wholeheartedly understand that some individuals might avoid going to the doctor because they won’t be able to afford a consultation fee — let alone any treatment they might need. Others think their injuries are minor and nothing that a bit of rest and ice won’t heal. Some might not even realize they’re hurt until later on, such as if they have a concussion or internal injury.

Unfortunately, insurance adjusters will often point to a lack of medical documentation to indicate that your injuries aren’t as bad as you claim. They will argue that if you were injured that badly, you would have gone to the doctor.

They might also claim that you can’t prove your injuries happened in the accident, which can result in you losing your entitlement to compensation entirely.

Conversely, if you take photographs of your injuries immediately after the accident and go to the emergency room for treatment, you create a clear link between your accident and your injuries. This step becomes even more important if you need ongoing treatment, as you will be able to recover compensation for your long-term medical expenses.

Medical records can also support your claim if you have a pre-existing injury or condition that your accident has made worse. In this case, medical records can help differentiate between your previous symptoms and new ones.

Medical records can include emergency room reports and doctor’s notes, as well as diagnostic tests (such as X-rays and MRIs), treatment plans, and follow-up care instructions.

Expert Testimony

Expert testimony differs from eyewitness testimony in several ways. Whereas eyewitnesses are called upon to testify about what they saw, expert witnesses are called upon to offer their professional opinion based on their qualifications, experience, and knowledge of your case.

For example, if you have suffered a traumatic brain injury (TBI) that has affected your cognitive abilities, a neurologist might testify about:

• Your treatment
• The future treatment or rehabilitation you need
• The medications you take
• Your long-term prognosis, and whether you will ever fully recover
• The impact of your brain injury on your life, based on your unique symptoms and the doctor’s wider experience of working with patients with a similar condition.

If you have dysarthria after a head injury, your speech and language therapist can testify about how your injury affects your ability to communicate and how this impacts your life.

Medical professionals are often called to testify specifically about your injuries, but other types of expert witnesses can provide evidence for your personal injury claim.

For example:

• An economic expert can testify about your future employment prospects and calculate the income you’ve lost because of a permanent disability or life-changing condition.
• An accident reconstructionist can share their opinion of how an accident happened and who is responsible based on their analysis of photographs, physical evidence, and 3D recreations of the incident.
• An engineer can testify about a vehicle or product defect and explain the protocols and safety procedures that should have been followed (but were not) to ensure a product, vehicle, or equipment was safe.

Evidence of Your Losses

Once you’ve created a link between your accident and injuries, you must also show you have suffered losses.

The most obvious loss is financial, commonly referred to as “economic damages”.

But it’s not the only type. The second type of loss may not be immediately visible or provable with bills, receipts, and statements, but it can be just as keenly felt by an accident victim.

Called non-economic damages, these intangible losses can have a devastating impact on an individual’s life, such as daily pain and long-term emotional distress.

There are several ways to prove these losses.

Medical Bills and Receipts

Medical treatment isn’t cheap, and that’s something accident victims are all too familiar with. In fact, the cost of medical treatment is often the most substantial expense a person will incur after an accident.

These fees can be so substantial that many accident victims delay or avoid treatment, only for their injuries to get worse over time. In some cases, ignoring an injury can prove life-changing or fatal.

But the alternative can be just as stressful. An individual might owe thousands of dollars in medical expenses, leaving them with no choice but to drain their savings accounts, remortgage or sell their homes, or take out loans to cover their debts.

On top of this financial burden, an accident victim might not be able to work because they’re recovering from surgery or their injury prevents them from performing job responsibilities they’ve done for years or decades.

With mounting medical bills inevitably comes added stress, which can hinder a person’s recovery and make symptoms worse, when all they want (and need) is to get back to work so they can start earning again.

The silver lining to all of this is that if your accident was caused by someone else’s negligence, you are entitled to compensation for your losses in a personal injury claim.

But to recover your medical expenses, you must prove that they exist — and show that the injuries you’re having treatment for were caused by someone else’s negligence.

Make sure to keep every bill, invoice, and receipt related to your treatment, including for:

• Emergency room fees
• Doctor’s visits and follow-up appointments
• Surgeries
• Rehabilitation
• Speech and language therapy
• Physical therapy
• Scans and diagnostic tests
• Prescription medication
• Assistive devices and mobility aids.

Don’t forget to also retain receipts for seemingly minor items such as over-the-counter medications or bandages, as these can add up quickly.

You are also entitled to the cost of transportation to and from the hospital, so keep receipts of Uber trips to the hospital (along with your appointment letters).

Wage Slips

If your injuries caused you to miss work or affected your ability to earn income, you’ll need documentation to prove it. Pay stubs, direct deposit records, and employer statements can establish your typical earnings and show how much income you’ve lost during recovery.

For example, if you typically work overtime but can’t do so because of your injuries, these records will show the difference between your pre-accident and post-accident earnings. For self-employed individuals, tax returns and client invoices can show lost business opportunities.

If your injuries will affect your future earning capacity, experts can testify about how your career trajectory has changed, such as if your injuries affected your eligibility for a promotion or have caused you to have to change careers entirely because you can no longer do your job.

Quotes, Estimates, and Appraisals

You’re also entitled to recover the costs of repairing or replacing personal property damaged in your accident.

Personal property can include an electronic device — like your cell phone — items such as eyeglasses, and your vehicle.

To recover your repair or replacement costs, you’ll need estimates or receipts of your expenses, along with photographs of the damage to prove their condition.

If you’re claiming for vehicle damage, we advise getting multiple estimates from reputable shops. An insurance company may provide a list you must choose from, but you are free to go wherever you like for an estimate. You do not have to choose a shop recommended by an insurer (even if they say you do). Insurers often do this because they have established relationships with certain repair shops and dealerships.

If your car is totaled, you’ll need evidence of its pre-accident value.

Read more: Where to get your car fixed after an accident

Pain Journal

The final type of evidence that can help you build a strong personal injury claim is an accident or pain journal.

A journal provides a first-hand account of your accident and how your injuries impact you every day. It also acts as a written record of appointments and conversations related to your accident.

You might wonder if you really need to keep a daily record of your progress, but consider these questions:

• What did you have for dinner last Tuesday?
• When was the last time you remember having a headache, and how long did it last?
• When you spoke to your doctor on the phone two months ago, what did they say?

Some of these things may seem inconsequential: what does it matter if you can’t remember what you had for dinner? But when it comes to your injuries and symptoms, the details matter.

Recovering after an accident is rarely linear, and memories fade quickly.

You might feel better one day, and so when you speak to an insurance adjuster, you might agree with them that you’ve made excellent progress. But two weeks ago, you might not have been able to get out of bed or leave the house.

Your injuries can also affect your life in other ways. For example, you might not be able to crouch down to play with your grandchildren or help your spouse carry the groceries from your car. It’s easy to forget all the little ways your injuries limit your mobility and affect your independence, confidence, and ability to do things you previously enjoyed. But they can massively affect your quality of life — and these are losses you’re entitled to financial compensation for.

Your pain journal is the ideal place to document these observations. When you can’t do something because of your injuries, note it down. When your pain flares up, record the date and time and what you were doing.

You can also use this resource to document things such as:

• Medical appointments — when, where, and the outcome
• What prescription or over-the-counter drugs you’re taking
• When your medication or dosage is changed, along with the impact it has
• Conversations with insurance companies
• Meetings with your personal injury attorney.

For more advice on keeping a personal injury pain journal, along with what to include, we’ve compiled a resource along with a downloadable PDF you can save to your computer or print out.

Read our guide to keeping a personal injury pain journal and download a free pain diary template

The most important tip is not to censor yourself. Don’t downplay your pain or leave out embarrassing details because an insurance adjuster or your attorney might read it.

When you choose a personal injury lawyer you trust and who truly cares about your well-being and getting you the outcome you deserve, you can rest assured that they will not be judgmental or insensitive. They will only use the evidence to demonstrate how your injuries affect your day-to-day life if it will increase your compensation recovery so that you can get the payout you deserve.

Gathering and preserving the right evidence is crucial to building a strong personal injury claim. A well-supported claim improves your chance of securing a fair settlement that fully compensates you not only for your medical expenses, lost wages, and other financial losses but also for the long-term impact of your accident and injuries on your emotional well-being and quality of life.

If you’re unsure about what evidence you need or how to gather it, consider working with an attorney.

At Patino Law Firm, our personal injury lawyer in San Antonio and McAllen understands the importance of collecting the right evidence, and that will ultimately depend on your unique situation. We can guide you through this process and gather evidence on your behalf to ensure your case is as strong as possible. Contact us today for a free, no-obligation consultation about your case.

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