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Necessary Evidence For A Philadelphia Personal Injury Claim

Edward Gates by Edward Gates
October 8, 2024
Necessary Evidence For A Philadelphia Personal Injury Claim
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Personal injuries leave victims facing countless adversities. 

Victims face mounting medical bills, prolonged spells of pain and suffering, and time away from work.

In Philadelphia, accidents and injuries happen unexpectedly, leaving victims in a state of uncertainty about their legal rights and immediate future. 

Pennsylvania personal injury laws offer legal recourse to individuals in the state who have suffered harm due to the negligent acts or wrongful conduct of others.

During these trying times, a Philadelphia personal injury lawyer can help victims regain control of their lives by securing compensation for physical, emotional, financial, and other available damages.

The personal injury claim process in Pennsylvania empowers injury victims to hold those who harm them accountable for their negligent acts. Effective legal representation can help victims navigate complex legal procedures, anticipate potential challenges, and develop robust strategies to strengthen their claims.

Essential Evidence In A Personal Injury Claim 

One of the significant responsibilities of a personal injury attorney is to investigate accidents thoroughly to collect and preserve compelling evidence. 

Building a solid case requires identifying and gathering incriminating evidence to demonstrate the negligence and liability of the at-fault party.

Evidence plays a pivotal role in personal injury claims and lawsuit processes. The outcome of a personal injury case often depends on the quality and articulation of evidence. 

Critical evidence in a Philadelphia personal injury case may include: 

Medical Records

Extensive medical documentation is pivotal for demonstrating the severity of the injuries and the impact of these injuries on the victim’s life.

Medical records provide a comprehensive interpretation of a victim’s injuries, treatments, and prognoses. 

The absence of medical records can weaken a personal injury claim. If a victim avoids or delays seeking immediate medical treatment, the other party may dispute the genuineness of the damages sought in the claim. 

Medical records also aid in demonstrating the accident victim’s need for continuous medical assistance, future surgeries, medications, home care, home and vehicle modifications, and lifelong supervision or rehabilitation. 

Lost Wages And Loss Of Earning Capacity 

A personal injury can render a victim unable to work. Missing work can make it hard to pay bills and support families. Severe injuries often require months of medical treatment, physical rehabilitation, therapy, and stringent adherence to physicians’ orders and medical treatment plans. Speculating or guessing lost wages will not strengthen your claim. 

It is crucial to compile and present documents such as: 

  • Copies of paychecks showing the income you were earning in the months leading up to the accident  
  • Correspondence from employers verifying the number of months/days/hours you missed from work due to injuries sustained
  • Opinions of experts on the impact of injuries on  future earning capacity 

If the injuries affect your career progress, you may seek loss of earning capacity damages. The speculative nature of these damages makes it tricky to prove the value of the lost earning capacity. Vocational rehabilitation experts and economists can provide accurate calculations and expert witness testimony to recover loss of earning capacity damages. These experts will consider your profession, age, life expectancy, work-life expectancy, skills, abilities, education, licenses, certifications, job location, overall health condition, opportunities for promotion, and long-term employment goals to assign an appropriate value to earning capacity damages. 

Demonstrative Evidence 

Demonstrative evidence is vital to establishing liability and pursuing just compensation.

Demonstrative evidence included exhibits and visual aids that help judges,  juries, and even insurance claims adjusters understand complex information clearly and persuasively.

Testimonies of witnesses and experts rely on verbal descriptions. However,  demonstrative evidence is something that can be seen, heard, and viewed.  

Types of demonstrative evidence include: 

  • Photographs and videos of the accident scene, property damage, injuries, and conditions prevailing at the time of the accident
  • Charts, diagrams, and graphs can simplify complex data such as statistical information and financial losses. A police report may contain a diagram to show how the accident occurred
  • X-rays
  • Sound recordings
  • Text messages,
  • Forensic animation
  • Computer-generated simulation 
  • Models  

Expert Testimony And Guidance 

When liability is contested or the insurance company tries to shift the blame on you for the accident, expert testimony is crucial in establishing negligence.

The best lawyers in Philadelphia have access to a network of experts which includes accident reconstruction experts, mechanics and engineers, experts from various areas of medicine, life care planners, financial planners, and toxicology experts.

Expert witnesses assist judges or juries to reach verdicts and determine the value of claims accurately.

The testimony,  specialized knowledge, and experience of experts can help prevent the insurers from undervaluing your personal injury claim. 

Contact A Philadelphia Personal Injury Lawyer 

A lawyer’s experience,  expertise,  and knowledge in gathering, organizing, and presenting evidence is often the deciding factor in the outcome of a claim or lawsuit.  An experienced Philadelphia personal injury attorney understands the nuances of Pennsylvania personal injury law and knows how to effectively leverage evidence to tilt the fortunes of a case in their client’s favor. 

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Edward Gates

Edward Gates

Edward “Eddie” Gates is a retired corporate attorney. When Eddie is not contributing to the American Justice System blog, he can be found on the lake fishing, or traveling with Betty, his wife of 20 years.

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