Do you want to hold the party that caused your accident and injuries responsible for your financial losses, pain, and suffering? Under Missouri personal injury laws, you need evidence proving the legal elements of a personal injury claim to hold the party liable. Evidence is testimony, documentation, and items that can be presented in court to prove a fact. This article discusses the types of evidence victims can use to recover money for a personal injury case.
What Evidence Can I Use to Prove a Personal Injury Claim in Missouri?
If you’re hurt in an accident in Missouri and want to file a personal injury claim, you’ll need strong evidence to prove your case. Each state has its own rules about what kind of evidence can be used in court. Missouri doesn’t follow the same rules as federal courts. Instead, it uses a mix of laws, court decisions, and legal procedures to decide what evidence is allowed.
That’s why it’s a good idea to work with a lawyer. A personal injury attorney knows what types of evidence you’ll need and how to use it to help win your case.
Examples of evidence used in personal injury cases include:
Medical Records
You must prove that you sustained injuries, the type of injuries, and the severity of the injuries. Medical records are crucial in a personal injury case. Opinions from your doctors and specialists establish the seriousness of injuries and the severity of impairments. Your medical records also prove the cost of medical treatment and therapy.
It is also wise to seek prompt medical treatment after an accident or injury. Delaying medical care could cause the insurance company to dispute your injuries.
Incident and Accident Reports
Always report accidents and injuries to the appropriate parties as soon as possible. For example, if you slip and fall on someone’s property, report the injury to the owner. Call 911 if you are in a traffic accident to call police and emergency services. Accident reports provide details that your attorney can use during their investigation and evidence gathering.
Physical Evidence
Physical evidence is any tangible evidence that relates to your case. For instance, your vehicle is physical evidence in a car accident case. Broken steps may be evidence in a trip-and-fall case.
Photographs and Videos
Sometimes, there may be a video of your accident. Traffic cameras may catch an intersection accident, or a surveillance camera may tape a server spilling hot soup on a customer. These videos may be presented in court as evidence.
Photographs can also be used as evidence. It is always a good idea to photograph the accident scene if possible. Taking photographs of your injuries throughout your recovery can help establish the severity of your injuries.
Testimony
Each party may call witnesses during the trial to testify about facts relevant to the case. The parties may testify on their own behalf. Eyewitnesses may also be called upon to testify.
Sometimes, expert witnesses are hired to assist with the investigation, trial preparation, and trial.
The types of expert witnesses in personal injury cases include, but are not limited to:
- Trucking industry professionals
- Medical specialists
- Accident reconstructionists
- Financial professionals
- Appraisers
- Manufacturing experts
- Engineers
Jurors listen to testimony and decide who is reliable. Expert witnesses are often given more weight because they are seen as unbiased, since they have no stake in the outcome of the case. Eyewitness testimony may also be given greater weight since the witness is not a party to the action.
Earn and Wage Records
Lost wages may be a significant portion of your economic damages. You need proof of your wages and earnings before the accident to prove how much money you would have earned had you not been injured. These records include W2 statements, 1099s, tax returns, income statements, and letters from employers.
Pain and Suffering Journal
You can also recover non-economic damages for a personal injury claim. These damages represent the suffering you experienced because of your injuries and the accident. However, putting a price on pain and suffering can be challenging.
Start a pain and suffering journal to record details about your recovery. Months after your recovery, it can be difficult to remember these details. You may not recall how much pain you felt or all the activities you could not perform. Writing these details in a journal helps you recall them later.
What Is the Burden of Proof in a Missouri Personal Injury Case?
The injured party must prove all elements of an injury claim by a preponderance of the evidence. The jury must find that it is more likely than not that the facts are as the injured party claims.
For instance, in a car accident case, the jurors must find there is more than a 50% chance that the:
- The other driver owed the victim a duty of care, such as the duty to obey traffic laws and drive safely.
- The other driver breached the duty of care. A breach of duty may be running a red light, failing to yield the right of way, or driving in the wrong direction.
- The breach of duty caused the accident. For instance, the crash would not have occurred if the other driver had stopped for the red light.
- The crash caused the victim to sustain injuries and financial losses.
The strength of your evidence can help during settlement negotiations. If the insurance company believes you can win in court, it will likely offer a better settlement amount.
Contact Our St. Louis Personal Injury Lawyers for a Free Consultation
At Eason Car Accident and Personal Injury Lawyers, our legal team gathers evidence to build a solid claim for maximum compensation. We’ll handle the legal issues while you focus on your recovery. Contact us today for a free case evaluation with an experienced St. Louis personal injury attorney.