What Evidence do I Need?

What Evidence Do I Need?

The evidence you need can be sorted into two different categories: (1) evidence of fault, which is evidence that shows that another individual or entity is responsible for your injury, and (2) evidence of damages, which is evidence showing that you have been harmed by your injury.  Your attorney will help you gather evidence in both of these categories.

Evidence of Fault

You will need evidence related to the specific incident that occurred.  This includes:

  • Names and addresses of the people you are suing.  If your injury was work related, also include the names and addresses of your employer and worker’s compensation carrier.
  • The insurance carriers of everyone involved (auto insurance, homeowner’s insurance, medical and/or disability insurance).
  • Names and addresses of witnesses.
  • Copies of written statements that you’ve already made (such as statements made to the police or insurance companies).
  • Try to recall all of the details of any oral statements you made to the opposing party, the police, witnesses, friends, etc.
  • Police records and other official accident reports.
  • Photographs detailing any of the events surrounding the incident.
  • Any physical evidence of the accident that could be transported (such as the equipment or item that caused the injury, torn clothing, broken pieces, etc.).
Evidence of Damages

You will also need evidence related to your claim for damages (the amount of money you are suing for).  This includes:

  • Medical and hospital reports.
  • Medical bills.
  • Repair estimates (for example, an estimate by a car dealership on how much it will cost to repair your car).
  • Statement from your employer documenting your loss of earnings due to you inability to work.
  • Credit card statements, receipts, bank statements, etc. documenting all of your out of pocket expenses.  (This is your money that you’ve spent due to the injuries you’ve suffered.  This could be car rentals, towing charges, over the counter medicine, cost of replacing clothing and other personal items, co-pays, etc.).