Not only do you have to become injured in order to collect on a workers’ compensation or personal injury claim, but you also have to get the insurance company or a judge to believe your version of events. If they dispute your claim or there are questions as to the validity of your injuries, it can inhibit your ability to collect what’s rightfully yours. In today’s blog, we look at six different forms of evidence that can help strengthen your case and prove your injury claim.
Proving Your Version Of Events
Every one of these forms of evidence may not be available to you based on your specific scenario, but it’s worth talking with your lawyer to see how many of them are worth pursuing. Here’s a look at six ways you can work to use evidence to prove your injury claim.
1. Your Injury Report – Your injury report and version of events goes a long way in strengthening your claim, so you need to be smart about how you file your report with your employer. For starters, don’t wait to file your injury report. Report the injury and describe your version of events in the injury report or to HR. Waiting to report the injury not only casts doubts over the validity of your injury, but details of the event might fade from memory, and it can hurt your claim if you report something that turns out to be inaccurate.
2. Your Medical Evaluation – Your doctor’s report will also help to prove your case by showing that specific injuries exist. Again, you’ll want to get to a medical provider soon after the injury, so don’t wait days or weeks to make an appointment. Their medical expertise will be harder to contest in court, so if your claim of arm pain can be affirmed with a doctor who can speak to the nerve damage in your arm, you’ll have a stronger case.
3. Witnesses – If anybody else witnesses your accident, do what you can to collect their contact information. This will be easier if the accident happens at work, but if you are injured in a personal injury accident and you aren’t familiar with the witnesses, try to have someone get their contact information. When it’s your word vs. the other party, it will come down to who makes a more compelling argument. But if your version is confirmed by two neutral witnesses, your case will get a lot stronger.
4. Expert Witnesses – An expert witness is someone who specializes in a certain field whose industry insight can help to prove your case. For example, a car accident reconstructionist may be called to testify in your case to prove your version of events. Even though they did not witness the accident, their industry knowledge can help to prove that one party was traveling at unsafe speeds, or that there was no indication that the other party tried to brake before the accident occurred. There are a number of different types of expert witnesses who can help with your case based on your accident type.
5. Video Evidence – If your accident occurred in a location where video recording was taking place, make sure you get a copy of the footage before it is erased. If your work has cameras or the injury occurred in a store, ask to have the video evidence saved and work to get your hands on a copy. Even if you don’t believe the injury was caught on camera, see if any security cameras from storefronts were able to catch evidence on tape.
6. Have A Lawyer – A lawyer may not be a piece of evidence, but they can help to increase the validity of your entire argument by putting forth a sound case. They’ll work to develop an airtight case and have answers to any points of contention raised by the other side. Odds are the insurance company or the defendant will have a lawyer by their side, so don’t try to go up against a legal expert on your own. Not only can a lawyer help you win your case, but they can help to maximize your award amount.
For more information or for help with your injury case, reach out to the experienced legal team at Hey Workers today.
