Evidence is the center point of any personal injury case. Having strong and compelling evidence to support your claim is critical. Knowing what evidence to save and collect can make it easier to prove liability and demonstrate the extent of your losses. Use this as a general guide for important evidence that may significantly help your New Mexico personal injury case.
Medical Documentation
To have a valid personal injury case in New Mexico, you must have suffered real and specific losses in the accident in question. You will need to provide proof of the injuries you sustained in the form of medical records and other documentation. This may include:
- Hospital or emergency room records
- Copies of x-rays, CT scans or MRIs
- Physical therapy and rehabilitation records
- Notes from doctors or nurses
- Surgical reports
- Pictures of your injuries
- Treatment plan recommendations
- Medication prescriptions
- Medical bills from the health care provider
- An injury journal where you record how you feel
Medical documentation is often the most important source of evidence when it comes to proving your injuries. Always go to a hospital or doctor immediately after your accident. Even if you initially think you are uninjured, you may have hidden or delayed injuries that a physician can detect.
Accident Reports
Another key type of evidence is an accident report. This may come from the police, such as after a car accident in New Mexico that is reported to law enforcement. However, you could also obtain an accident report from sources such as an employer, a property owner or a store manager, depending on your type of case. Report your accident to the correct authority right away for a timely and detailed incident report that you can use as evidence to tell the story of what happened.
Records and Documents
Personal injury evidence may take the form of various records, documents and logs. If you get hurt in a slip and fall accident, for example, property maintenance records and cleaning logs may be useful to prove a property owner’s fault. Other examples of documentary evidence in different types of cases include a driver’s cell phone records, truck maintenance and inspection logs, employment records, product recall documentation, and dog bite reports.
Photos and Videos
Visual evidence can provide clear, indisputable proof of a fact. Photos of the accident scene, your injuries, weather and road conditions, hazardous property defects, and other relevant details can provide powerful evidence. Do your best to photograph the scene of your accident before you leave. Look around for traffic, surveillance, security or dashcam footage, as well. Clear video of the incident can make or break a case.
Physical Evidence
Physical items and objects at the scene of the accident may serve as evidence during your personal injury case. If you were harmed by a defective product, for example, keep the item and its original packaging. Tangible evidence – such as damaged property, road markings, shoes or clothing, and accident scene debris – can help piece together what happened and point to who is at fault.
Eyewitness Accounts
Eyewitnesses who were directly involved in the accident (such as vehicle passengers) or who saw it take place may have unique information to add to a claim. Witnesses may have seen key details, such as a driver behaving negligently prior to an auto accident or a store employee ignoring a spill. Gathering eyewitness statements while the details are still fresh can help strengthen your case.
Proof of Losses
A successful personal injury case requires proof not only of liability, but of compensable losses suffered by the plaintiff (injured victim), as well. You will need to provide proof of your losses to an insurance company to receive reimbursement for them. The stronger this evidence, the higher your odds will be of collecting fair and full compensation.
Proof of your losses may include:
- Medical records
- Mental health treatment records (for conditions such as PTSD)
- Bills and receipts for out-of-pocket costs
- Wage statements
- A letter from your employer confirming that you cannot work at the same capacity (or at all)
- Testimony from yourself or your family members explaining how the accident has impacted you
- Proof of disability
- A list of disability expenses (from a Certified Life Care Planner)
- Proof of your long-term care needs
- Pain and suffering documentation
- Property repair estimates
The actual evidence available to prove your losses will depend on the circumstances. Do what you can to document your injuries, costs and losses in as much detail as possible from the very beginning. Be sure to mitigate or minimize your losses as much as possible, as well, to prevent an insurance company from trying to diminish your settlement based on the “failure to mitigate damages.”
Expert Testimonies
Some personal injury cases will benefit from the inclusion of testimony from expert witnesses. Experts on various subjects can be hired to expound on complex or highly technical facts that are relevant to a claim. This is especially common in medical malpractice cases. Experts with specialized knowledge on a relevant subject can provide testimony to clarify complex topics or issues to an insurance company, judge or jury.
Tips for Strengthening Your Personal Injury Case
Evidence in your New Mexico personal injury case must show that the defendant or accused party is more likely than not to be responsible for your accident, injuries and related losses. This burden of proof is referred to as a “preponderance of the evidence.” You need clear and compelling evidence to meet this burden of proof and hold someone liable.
Start collecting and saving records, information and documentation related to your accident right away. Keep any correspondence between you and an insurance company, including notes of phone calls. Do not agree to give an insurance claims adjuster a recorded statement. Before accepting a quick settlement offer, consult with a local personal injury attorney for legal advice.
At the Fine Law Firm, an attorney can step in to gather and preserve important evidence to support your case while you focus on healing from your injuries. A lawyer can subpoena important records from the defendant, for example, and take over communications with insurers for you. Your lawyer can present evidence in a compelling way, with exceptional storytelling skills that help you prove your case and recover maximum compensation. To get started with your personal injury case in New Mexico, contact us today for a free case evaluation with a knowledgeable attorney.