You may be eligible to file a Tylenol Autism ADHD Lawsuit / Acetaminophen Autism ADHD Claim if you or a loved one used Tylenol and/ or Acetaminophen during pregnancy, and your child was subsequently diagnosed with ADHD or Autism Spectrum Disorder.
Over 140,000 Exactech hip, knee and ankle implants have been recalled due to packaging errors that can lead to the breakdown of parts vital to the device’s function.
If you or a loved one suffered injuries from an Exactech implant device, you may be entitled to financial compensation.
You may be eligible to file a Hair Straightener Cancer Lawsuit if you or a loved one used chemical hair straighteners, hair relaxers, or other similar hair products, and subsequently were diagnosed with:
Over one million people, who were present at Camp Lejeune (North Carolina) between 1953 and 1987, may have been exposed to toxic substances in the water.
The Camp Lejeune Contaminated Water Lawsuit can apply to you, a family member, or a loved one who lived at Camp Lejeune (North Carolina) and suffered health effects from the decades of water contamination that occurred.
If you have been exposed to Paraquat and diagnosed with Parkinson’s disease may be eligible to pursue compensation, and entitled to participate in the paraquat lawsuit.
Contact us today to see if you qualify for the Paraquat Parkinson’s Disease Lawsuit!
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At TorHoerman Law, we believe that if we continue to focus on the people that we represent, and continue to be true to the people that we are – justice will always be served.
Gathering Evidence For Your Personal Injury Lawsuit FAQ
News » Gathering Evidence For Your Personal Injury Lawsuit FAQ
Gathering Evidence for a Personal Injury Lawsuit
Gathering and preserving evidence in a personal injury case is a crucial step in formulating a strong case of liability.
Without tangible personal injury evidence, there is a good chance the likelihood of receiving an adequate settlement or payout amount will fall drastically.
Some examples of tangible evidence include:
Photos and videos
Witness statements
Medical records
Medical bills
Police Reports, Also known as incident reports
Public records
Physical evidence such as damaged property or the dent in the car showing where it was hit
Lost wages as a result of the injury
You should begin gathering evidence as soon as possible for a personal injury case.
On-the-scene evidence is the most preferred type of evidence because it gives insurance adjusters, the insurance company, and/or courtrooms a firsthand view of the situation.
You should collect evidence by legal means only.
When collecting certain types of evidence, such as statements or information from other parties on the scene, you should do so in an objective manner – simply ask the necessary questions without evoking emotion or mentioning your own opinion.
What are the 4 Types of Evidence?
Real Evidence – real evidence consists of tangible things (objects involved in the personal injury)
Demonstrative – demonstrative evidence acts as models to demonstrate what occurred in the situation – such as recreations.
Documentary – documentary evidence is any document or record that can be used as evidence.
Testimonial – testimonial evidence involves witness testimonies, expert testimonies, and party testimonies.
What is Physical Evidence in a Personal Injury Lawsuit?
Tangible, real evidence, i.e. something you can hold in your hand, is sometimes more persuasive in proving a personal injury case simply because it makes the extent of the injury or accident immediately apparent.
For example, if bloodied and torn clothing is kept and presented to the defense, it is obvious the accident caused significant injury.
The sight of physical evidence can be very helpful in establishing a burden of proof.
Keep all real evidence organized and well-preserved.
If you have photos or documents, keep them dated and retain backup copies.
Physical articles such as bloodied clothing should be kept in bags, labeled, and documented.
Labels should include detailed notes on how the items play into your case.
Documentation as Personal Injury Evidence
Photos, documents, testimonials, and reports can be the strongest types of evidence in a personal injury case.
On-the-scene photos and videos are very helpful, and follow-up photos are necessary as well.
You should document injuries using photos.
Make sure to take daily photos to record the healing process of any injuries you suffered from the incident.
All pieces of evidence should be photographed, especially those too difficult to physically present to an insurance adjuster or the court.
Examples of these include photos of damaged property, such as damage to your automobile after a car accident.
Any and all documents that you receive that are in any way related to your personal injury should also be saved and organized.
If you lose a document, your personal injury attorney may be able to use legal methods in order to acquire a copy.
You should always save any documents that you acquire throughout your personal injury.
Testimonials as Personal Injury Evidence
Third party witness testimony can also be a useful tool to enhance your liability argument in a personal injury case.
You will want to physically write down everything that a witness tells you word-for-word.
Do not alter their statements in any way.
You will also want to get all third party witnesses ‘ contact information in case your lawyer deems it necessary to follow-up.
Along with witness testimony, you will need to write down your own recollection of the events, which can be used as evidence as well.
Your testimony needs to be as objective as possible – keep it factual and unadulterated by your personal opinion and emotions as possible.
Can Police Reports Be Used as Personal Injury Evidence?
Police reports and authority reports are very common types of documentation personal injury evidence and can be extremely helpful in supporting your claim.
After an accident has occurred, whether it be a car accident or slip and fall, it is important to document the incident with local law enforcement.
After contacting emergency personnel, wait for responding officers to arrive and do not leave the scene of the accident.
If medical treatment is needed, paramedics will administer help.
While for some injuries, it may seem unnecessary to call the police and an ambulance, it is important to have documentation of the accident in the form of a police report.
The facts and detailed descriptions of what happened, from both sides, can help your case down the road.
Always contact the police and first responders.
Always collect authority and first responder information (name, badge number, the district they serve, office phone number, etc.) Always make sure that all first responders are keeping reports of the incident and that you will have access to these reports.
If you are denied access, your personal injury attorney will likely be able to acquire them through legal processes later on.
Other Forms of Personal Injury Evidence
There are many different forms of evidence that are relevant to individual cases.
Personal injury lawsuits cover a broad spectrum of incidents, each type containing specific pieces of evidence that differ from others.
For some personal injury cases, the evidence is more difficult to collect.
For example, it is very difficult to present evidence to prove mental distress caused by a personal injury.
In this case, a credible expert may be necessary to plead on behalf of the injured party.
In these circumstances, a personal injury lawyer can help to not only determine how to find the evidence, but also provide it for your argument.
Personal injury evidence is an essential part of establishing and proving a lawsuit.
Without evidence, it would be incredibly difficult to prove a personal injury claim.
Personal Injury Evidence Frequently Asked Questions
These are common questions about evidence that we receive as personal injury lawyers:
What is the Preponderance of Evidence?
In a civil lawsuit, the preponderance of evidence equates to the evidence that carries greater weight for the trier of fact (judge or jury) to decide in favor of either the plaintiff or the defendant.
It does not matter how much evidence either side presents – the preponderance of each side’s evidence is based on the more probable, accurate, and convincing evidence, rather than amount alone.
What Percentage is Clear and Convincing Evidence?
“Clear and convincing” is a standard that evidence must meet in order to be considered probable, accurate, and convincing.
In order to meet the standard, the evidence must be much greater than a 50% likelihood of being true.
What Evidence is Admissible in Court?
Evidence that is admissible in court must be relevant to the event while not considered unfairly prejudicial, confusing, privileged, or based on hearsay.
What is Substantial Evidence?
The substantial evidence rule is a principle that states evidence used to come to a judgment in a lawsuit would hold strength if a reviewing party were to rule on it.
What is Conclusive Evidence?
Conclusive evidence is evidence that is so strong that it cannot be challenged.
Gathering Evidence in a Personal Injury Lawsuit: A Review
Gathering and preserving evidence in a personal injury lawsuit is one of the most crucial steps in ensuring your case is successful.
There are various types of evidence to consider, and many legal precedents to be aware of, but a personal injury attorney can help.
Obtaining legal support and guidance is essential when dealing with a personal injury.
An attorney should handle the specifics of your case while you focus on your mental and physical recovery.
You can do your part in providing evidence and helping your attorney when they require it, but your main concern should be mitigating your injuries and submitting relevant evidence to your legal representation.
TorHoerman Law was responsible for handling a medical case for our family. I was extremely impressed with their professionalism and ability to react quickly. They also did a nice job keeping us updated with the case throughout the process. This was the first time experiencing a situation like this and Tor Hoerman law did an excellent job from start to finish.
Jordan Terry
TorHoerman Law is an extraordinary law firm – a firm that truly makes the client’s best interests the primary concern. Their team of personal injury lawyers are experienced, personable, and well versed in a range of litigation areas. They are supported by a dedicated team of staff that are as equally friendly and helpful. I would recommend TorHoerman Law for any personal injury litigation needs.
Dave Woodley
All of my questions were answered quickly and in a way I could understand. Steve and the entire staff were friendly and professional.
Jordan Butler
I highly recommend this law firm! The attorneys and staff at THL worked hard, communicated every step of the process, kept me well informed at all times, and exceeded all expectations! The staff is kind, considerate, professional, and very experienced. Look no further, call now!
Maddy Moeller
Top-notch, hardworking attorneys!
Karen Hersman
A wonderful and professional legal team. They helped me when I needed expert legal representation! Thank you TorHoerman Law!
Angel Truesdale
They contacted me the next day. Very nice people!
Paul Graegin
The firm went above and beyond. Thank you for everything.
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