You are not required to prove your case beyond a reasonable doubt to recover damages in a West Virginia personal injury claim. Instead, you need to prove the defendant’s negligence was more likely than not at play in an accident in which you suffered harm.
Knowing what evidence to gather and how to gather and organize it is critical to making your case. This guide offers tips for evidence gathering and organization and can be an excellent read for staying in the know or if you have suffered an injury and intend to sue.
Know Where to Look
Evidence can hide in the various places depending in the type of accident and circumstances of your injuries. So the first step is knowing where to look says West Virginia personal injury lawyer Jan Dils of Jan Dils, Attorneys at Law. For typical accidents, the accident scene is the place to start.
Other areas of consideration are medical records, receipts, employment records, CCTV footage, witness accounts, police reports, etc. After identifying your sources, you then move on to gathering and organization.
Start at the Scene
If you are contemplating filing a claim, this step may be a little too late, but it is still worth mentioning. Evidence gathering in a personal injury case should start at the accident scene, where pictures and video footage of every relevant aspect of the accident should be taken.
Witness accounts are also most accurate when gathered right after the accident when the memory remains fresh. So, talk to witnesses and get them to record their statements in writing, audio, or video format. Their recording becomes critical in jogging their memories should you call upon them to testify in court.
Get a Lawyers Help
You may not have direct access to all types of evidence while at the scene of an accident. Also, not all incidents will have a scene. For example, if your injuries result from a doctor’s error, you may not have a scene to discuss. While you could start your documentation when you are aware of your injuries, here are areas where you will need a lawyer to access evidence.
Evidence held by third parties may require some legal procedures to obtain, and a lawyer can help make the process smoother for you. Also, they can guide you into what types of evidence to gather for the best results.
Keep a Detailed Record
The amount of evidence and things to do after an accident can overwhelm anyone. So, as you collect evidence, keep a detailed account of everything to ensure nothing slips through the cracks.
The best approach is to have a filing system categorized by type and date of filing. Once you involve a lawyer, you may not need to file the claim yourself. The lawyer can do it for you and organize it so it will be easy to make your case in court.
Get Expert Witness Testimonies
Expert witnesses are experts in a specific field called upon to shed light on matters pertinent to a case. They work with the available evidence to make deductions based on their expertise. For example, if you are pursuing a medical malpractice claim, you may need a doctor to show what aspects of your case are proof of negligence.
Remember, the jury comprises people from different backgrounds who may not understand some aspects of a case and will need an expert to break down complex issues into bits they can understand.
