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Writer's pictureAmanda K. Dobies, Esq.

The Role of Evidence in Personal Injury Cases: What You Need to Know


In a personal injury lawsuit, negligence must be proved on the part of the other party. The plaintiff must show the other driver committed a wrongful action. Gathering evidence is vital to building the case against the wrongdoer. Below is a list of evidence an injured party should bring to their attorney during the initial consultation.



PHOTOGRAPHS

Take clear pictures at the accident scene, of both vehicles, from several different angles. It is helpful to have the time and date on the print photos or on the digital version. Videos may also be a good idea, depending on the circumstances of the accident.  Also, be sure to take photographs of your injuries to include bruising.


POLICE REPORTS

In Delaware, the police officer investigating the accident will issue a drivers’ information exchange report. This is a one-page report that includes contact information for each party. Importantly, the exchange report lists the insurance carrier for the at-fault party. This drivers’ information exchange report provides important information that the attorney will use to obtain the full police report with the police officer’s investigative findings.



STATEMENTS

Right after the accident, document ALL conversations that took place while at the scene. For example, the injured party often speaks to the at-fault party, and the at-fault admits to his/her wrongful actions, these statements may be admissible at trial. Also, if there are any witnesses, obtain their contact information.


MEDICAL RECORDS

An injured party can ask his/her doctors for copies of the medical reports from the treatment needed in the case, to include medical bills, lab results, diagnosis reports, and discharge instructions. An individual has the right to access his/her medical records, and it is a good idea to keep all of the records organized, if possible. The attorney will also assist with marshalling and organizing medical reports to prove the injuries in the case.


It is important to know what kind of evidence is useful for proving an injury case.  Take pictures of the vehicles and the injuries, call the police and obtain the drivers’ information exchange report from the police officer, immediately write down any statements, and obtain copies of medical records to document the injuries.

 

If you have been injured in an auto accident, the experienced attorneys at Kimmel Carter are here to help. Call (302) 565-6100 for a free legal consultation.



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