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  • Writer's pictureRobert Schuerger

Gathering Evidence for Your Personal Injury Claim - What Do Victims in Texas Need to Know?

In an ideal world, victims who have suffered injuries as a result of someone else's negligence, could simply demand compensation from the party responsible, and get paid damages to cover their losses without having to set foot in court.


However, the reality is often different. In Texas, although victims are entitled to receive fair compensation for their injuries, they often have to fight to prove negligence before they can be awarded damages.


In situations where the negligent party or their insurance company is determined to avoid paying, victims will need to gather evidence to support their personal injury claim, such as medical records, witness statements, police reports, pictures of the accident scene, and much more.


When personal injury claims become a dogfight between victims and the at-fault party, the importance of gathering evidence is highlighted. In such cases, victims will need a good personal injury lawyer by their side, to help gather physical evidence and file a personal injury lawsuit.


Schuerger Shunnarah Trial Attorneys has plenty of experience in Texas personal injury lawsuits and is ready to go to war to prove negligence and recover compensation for its clients. Call the personal injury law firm for a free consultation.


Why Evidence Is a Crucial Aspect of Personal Injury Claims

Why Evidence Is a Crucial Aspect of Personal Injury Claims


From the day victims walk in for their free consultation, a good personal injury lawyer will immediately start to think of gathering and preserving evidence for the personal injury claim. They will go over defenses against your personal injury claim. Many people do not realize the importance of gathering evidence, but in personal injury cases, it can be the difference between winning or losing the lawsuit.


The following are three reasons why personal injury evidence, such as a police report, is very important:


Establishment of Liability


In a personal injury case, no one wants to accept responsibility for the accident that resulted in someone being injured because it usually means having to pay damages. As such, the personal injury attorney representing the injured party often has a lot of work to do to prove negligence and hold the at-fault party liable for damages caused.


Having access to physical evidence, such as medical records or pictures of the scene where the car accident occurred is a huge boost to the victim's personal injury claim. It will make it easier to prove the other party's negligence to the jury and increase the chance of walking away with a settlement.


Documentation of Injuries and Medical Treatment


Depending on the severity of the injuries sustained, the victims may have to undergo a lot of medical procedures during their treatment. Gathering medical records will provide detailed notes on what the victim went through as a result of the evidence, the time they spent in the hospital, and the procedures they had to endure.


Proving that the injuries sustained by the victim are a direct result of the accident is an important part of the personal injury claim. As such, victims need to seek immediate medical attention and document all medical records and medical bills associated with the treatment.


Strengthen Negotiations


One of the most important aspects of a personal injury case is negotiating for damages. Often, if the victim has strong evidence of physical injuries, lost wages, and property damage, it will strengthen their personal injury claim, and give them a better chance of receiving a huge settlement offer.


Settlement negotiations are all about what the victim can prove, which is why police reports, witness statements, and other types of evidence are very important.


How to Gather Evidence for a Personal Injury Case - Six Tips To Remember


If a personal injury lawyer can present irrefutable evidence, such as pictures of the accident scene, seeking compensation becomes a lot easier. As such, victims need to be skilled at gathering and preserving evidence when preparing for a personal injury case.


The following are six tips that are worth remembering for victims who want to seek compensation for damages from the other parties involved in the accident:


  • As soon as possible, victims should write down every detail of the accident while the memories are still fresh

  • Photographs and video footage of the accident scene can be very helpful

  • Victims should gather eyewitnesses and get either a statement or the witness' contact information

  • The police should be notified so that accident reports can be drafted, and a copy of the written report given to the victim

  • Victims must seek medical attention as soon as possible, and document their injuries, medical treatment, and how they suffered due to the accident

  • The physical evidence must be preserved, including copies of medical records, police reports, receipts of medical bills, and all other types of evidence related to the personal injury claim


How Can an Attorney Help In Personal Injury Cases?

How Can an Attorney Help In Personal Injury Cases?


Gathering important evidence, such as a police report or statements from eyewitnesses, is not always easy. Some witnesses, for example, may be reluctant to be a part of any personal injury lawsuits, making witness statements hard to get.


There may also be the need to get expert witnesses to give testimony that will help prove the negligence of the other party. These are things that only an experienced personal injury lawyer can help with. They can help with other questions such as how do I pay for a lawyer in a personal injury case?


If victims need to take legal action to obtain compensation for their personal injury claim, they must have a lawyer to fight for their rights and ensure that they are compensated for all their medical expenses, lost income, and other damages are important.


In cases where the insurance is not willing to accept responsibility, or is offering a settlement that is nowhere close to being fair compensation, victims may have to endure a tough legal case, and having a good lawyer in their corner will help.


Schuerger Shunnarah Trial Attorneys Will Go to War for Victims in Personal Injury Claims


With many years of experience gathering evidence and fighting for the rights of victims in Houston, Texas, Schuerger Shunnarah Trial Attorneys is ready to go to war in personal injury cases. Victims that need help gathering and preserving evidence, and seeking fair compensation in court, can visit the law firm's offices in Texas, and sit down for a free case evaluation.

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