The aftermath of a personal injury often leaves victims in physical pain, emotional distress, and mounting financial burdens.
Other common concerns can also arise: What if there were no eyewitnesses to the accident? Is it possible to file a lawsuit without witnesses?
Esta respuesta es sí. Injured parties can (and should) seek compensation with alternative personal injury evidence. This guide outlines the critical steps you should take to win your case, from collecting evidence for injury claims to hiring a lawyer.
Alternative Personal Injury Evidence to Eyewitnesses
Upon suffering an injury, the first step is to ensure you’re in a safe zone before documenting the accident scene. This could mean positioning yourself, your vehicle, or your bicycle away from traffic or out of harm’s way.
Next, assess your injuries and call the proper authorities. You can also document your injuries during this process. Take photos or video recordings with a smartphone or keep a digital camera handy at all times.
The above steps are crucial for producing viable evidence for a personal injury settlement with no eyewitnesses.
Another invaluable tool in this case is a dashboard camera, popularly known as a dash cam. You can also buy dual dash cams that record the rear of your car. These tools provide nearly 360-degree live footage around your car.
Real-time cameras are also available for:
- Bicycles
- Motos
- Scooters
- Commercial vehicles
Pedestrians and joggers can also purchase clip-on body cameras in the event of an accident or injury.
Injury and Medical Documentation
Cameras are instrumental in providing clear evidence of injury, accident timelines, and negligent parties. On-scene authorities like EMTs and police officers also provide necessary documentation for case files.
The above points speak to the importance of the next point, medical documentation. If you’ve suffered a personal injury, seek medical attention at a hospital or injury clinic. A physician can provide a detailed report of the injury, including treatments and recovery times.
A professional medical examination may discover injuries not documented at the scene, like whiplash. A psychiatrist or therapist may be able to document emotional distress or PTSD post-accident.
Remember to keep meticulous records of any follow-up visits or prescription medications as evidence. Other types of medical records include:
- Registros hospitalarios
- Physician’s notes
- Rayos X
- MRIs
- CT scans
- Physical therapy reports
These records are instrumental in demonstrating causation and the severity of your injuries.
Police Reports
Police reports also contain crucial details for a potential personal injury lawsuit, including:
- Diagrams of the scene
- Descriptions of vehicle damage
- Estado de las carreteras
- Statements from involved parties (i.e., the other driver)
Citations issued to the other party or observations by an officer can be highly persuasive evidence. An officer on the scene may also document injuries.
How to Document Injury Evidence When Building a Case
You’ve already learned about the value of installing a dash cam and using your smartphone (or digital camera) to document evidence. While your dash cam can record the area surrounding a vehicle, take as many smartphone photos and videos from as many angles a possible. Lawyers and insurance companies need to see the full scope of the accident and injuries.
Capture the position of your vehicle. Document every detail, including:
- Daños a la propiedad
- Skid marks
- Escombros
- Traffic signs
While an officer may document road conditions, go into further detail:
- What was the weather like that day?
- Was it a dirt road?
- Did the accident occur in a residential or urban area?
- Was it an asphalt road?
- Was there road construction?
Document any other relevant environmental factors.
Detail the property damage in full. Take multiple photos and videos. Create a list of all damaged items, including:
- Personal laptops
- Smartphones
- Other personal electronics
Providing detailed photos and videos of vehicular damage can provide a more accurate repair estimate. Such evidence can illustrate the impact (and force) of the collision, supporting your account of how the accident occurred.
What to Discuss During Your Legal Consultation
Don’t hesitate to consult with a personal injury attorney as soon as possible after an accident. The initial consultation is an important opportunity to provide a potential legal team with all relevant information. Prepare ahead of time to discuss all major points.
Provide a thorough and detailed account of the incident, including:
- The exact date
- The time of the accident
- The location of the accident
- A step-by-step description of the accident (from your perspective)
Remember, no detail is too small. Be prepared to discuss how the accident occurred and your initial thoughts on who was at fault.
Clearly explain the nature (and extent) of your physical and emotional injuries. Describe the pain you’re experiencing, including:
- Limitations since the accident
- Disabilities caused by injuries
- How injuries have impacted daily life
- The impact on work (loss of wages)
- Medical treatment received
- Ongoing care
- Anticipated medical needs
Discuss all financial losses you’ve experienced, including post-accident expenses. This may include:
- Paid and outstanding medical bills
- Lost wages from time off work
- Daños a la propiedad
- Gastos de bolsillo
Share any details about your insurance coverage at the legal consultation, including auto and health insurance. Provide any insurance information for the at-fault party, as well.
More Points to Consider
It’s important to note that the burden of proof in personal injury cases falls on the injured party to demonstrate the negligence of the other party.
This proof must be established through a legal standard called the “preponderance of the evidence.” All the evidence presented must tip the scales in your favor.
Even without eyewitnesses, you can still create a compelling collection of alternative evidence to meet this standard.
Get the Evidence You Need to Win
After an accident, act quickly to collect the personal injury evidence you need to win your case. These cases don’t mandate eyewitness statements, but they do require substantial proof to meet Florida’s legal standard. Remember to have all of your evidence ready to make the most of your legal consultation.
En RHINO Lawyers, we focus on various types of personal injuries in Florida. Whether you’ve suffered an injury from medical malpractice or a car accident, we’ll fight with every tool in our legal arsenal to ensure you get the compensation you deserve. Our clients also benefit from our extensive experience in the insurance sector.
Contacto con nosotros hoy mismo para hablar de su caso.
CONTACTE A UN ABOGADO DE ACCIDENTES DE AUTO EN TAMPA
En resumen, después de un accidente de coche, es posible que no conozca sus derechos. Sobre todo, no luche solo en el proceso. En realidad, nuestro equipo de lesiones personales está aquí para ayudarle con cualquier necesidad legal que pueda tener en relación con su accidente.
Por último, dejemos que RHINO Lawyers responder a sus preguntas y revisar los hechos de su caso con una consulta gratuita. Así que, comience completando el "EVALUACIÓN DE CASO GRATUITA INSTANTÁNEAMENTE" o llamándonos a cualquier hora, de día o de noche, al 844.RHINO.77.
