The Importance of Documenting Evidence in New York Personal Injury Claims

Personal injury cases are an increasingly common concern. According to United States Courts, the number of personal injury cases filed rose by 97% between 2019 and 2020. Because of the increasing frequency, you may one day need to contact a personal injury lawyer in Queens, New York, yourself.

If you plan to file a personal injury claim, you should know how to prepare. Documenting evidence is crucial to supporting your claim and pursuing financial compensation. Below, Elliot Ifraimoff & Associates, PC, explains why this evidence is so important and how to collect it.

Understanding Personal Injury Claims

Say that you go to the store on a cold winter day. A storm caused the sidewalk outside the store to ice over, but the business owner has yet to take the proper precautions to protect customers. Because of this lack of care, you slip and fall, injuring yourself. In cases like these, the business owner could be held liable.

Every individual owes a certain level of care to the people around them. When someone’s negligence leads to mental or physical harm, you may have the right to file a personal injury claim. These claims aim to offset the repercussions of your injury, potentially covering lost wages, medical bills, and pain and suffering, among other concerns.

Personal injury cases come in a range of forms, including slip-and-fall cases, car accidents, and bicycle accidents. If you want to know whether you have a case, you’ll want to consult with a Queens injury attorney; they can assess your situation, provide advice, and offer legal representation.

The Role of Evidence

If you want to file a personal injury claim, you’ll likely need to prove the following:

  • That the person who caused the injury owed you a duty of care
  • That you sustained injuries because they violated that duty of care
  • That the extent of the injuries is as serious as you claim

Having the proper evidence is crucial if you hope to have a successful claim. Witness statements, medical records, and other evidence can help prove liability and illustrate the extent of the damages. Without the proper evidence, your injury claims attorney in Queens may not be able to build a strong enough case, which could lead to the court rejecting your claim.

How To Gather Evidence

 

After you’ve sustained an injury, it’s important to remain calm. Collect the following information and present it to your Queens accident lawyer so that they can begin building your case.

Take Photos and Videos of the Scene

Having photo and video evidence can help you document the accident site’s conditions and any damages. Before leaving the scene, take pictures of:

  • Your injuries
  • Any property damage
  • The accident scene itself

Collect Witness Statements

Witnesses can offer a first-hand account of what happened and help you support your claim. Ask them to provide you with a written account of what happened, if possible. Gather contact information in case you or your attorney need to speak to them again later.

Seek Medical Attention

While your injuries might not seem serious, you’ll want to seek medical attention as soon as possible. Doing so allows you to:

  • Preserve your health. Some injuries don’t show symptoms immediately. Seeking medical attention means you can identify and address potentially serious injuries before they become life-threatening.
  • Link the injuries to the accident. If you wait to seek medical attention, the opposition might argue that you sustained your injuries after the accident. By requesting prompt medical attention, you can record the date and time of the incident to help support your case.
  • Prove the extent of your injuries. Medical professionals will note the severity of your injuries after the accident, which you can use to support your claim.

Ask your doctor for records of the visit. Keep these in a safe place, and provide them to a personal injury lawyer in Queens when the time comes.

Request a Police Report

If police arrived on the scene of the accident, they’ll need to file a report. Request a copy and double-check it for any inaccuracies. Should everything look correct, you can use this information as evidence in your case.

Keep Thorough Personal Records

Take the time to write down what you experienced while the memory of it is fresh. Go into detail about what happened during the accident, what sorts of injuries you experienced, and how you felt during and after. This can help you remember important details and prevent conflicting information.

In addition, keep close track of any expenses you incur as a result of your injuries. Gather receipts, write down when and where the expense occurred, and note why you needed to spend the money.

Contact a Queens Personal Injury Lawyer To Request Assistance

Gathering the right evidence is only the first step in your personal injury case. Once you’ve collected what you can, request personal injury legal representation in Queens.

Choosing the right personal injury lawyer can feel intimidating. At Elliot Ifraimoff & Associates, PC, we aim to make it easier. We can assist with Queens personal injury litigation, help with important documents, and more. Call (718) 205-1010 or toll-free at (888) 275-3554 to speak to a personal injury lawyer in Queens.

Frequently Asked Questions

Do you still have questions about personal injury cases? We’ve answered some common ones below. If you don’t see yours, reach out today.

How Many Personal Injury Cases Go to Trial?

Very few cases will go to court. According to The Law Dictionary, roughly 95% of people settle before a trial.

What Is the Statute of Limitations for a Personal Injury Case?

In New York, the statute of limitations is three years, according to Nolo.

How Can a Personal Injury Lawyer in Queens, NY, Help You Gather Evidence?

By seeking legal services for personal injury in Queens, you can request assistance speaking to witnesses, accessing surveillance from nearby buildings, and much more. Speak to your personal injury lawyer in Queens for more information.