Accident victims have the burden of proving that someone negligently caused their injuries. To make their case, victims need to present compelling evidence. How does one prove that they suffered a severe back injury, which is relatively common in accidents?
By working with the experienced attorneys of Carden Dotzler Hammond, PLLC, you can make the strongest claim for the compensation you deserve. Here we examine the evidence you can use to show that you sustained a major injury to your back.
Your Duty to Present the Evidence
Personal injury plaintiffs in Syracuse bear the burden of proof, which means they must come up with evidence. While some of the evidence may be in their possession, much of it is not. This is where the discovery process will prove vital to the victim’s claim.
Discovery is the formal request and exchange of documents and information that are relevant to a personal injury lawsuit. Plaintiffs in New York can use various discovery methods to get the evidence they need, including:
- Interrogatories: These are written questions one party sends another, which the recipient must answer under oath.
- Requests for production of documents: One party can ask another to produce certain documents including business records, internal emails, and accident reports.
- Depositions: A deposition is pre-trial sworn testimony that is recorded, often on video, and is similar to courtroom testimony.
- Requests for admission: A request for admission asks a party to admit or deny something, and the responses can help determine which facts are in dispute in the lawsuit.
If you suffered a severe back injury, you should retain a skilled Syracuse personal injury attorney to help you send (and respond to) discovery requests. But what sort of evidence should you be looking for?
Relevant Evidence for Your Back Injury Claim
Whether because of a car crash, a slip and fall, or some other accident, victims can endure significant injuries to their backs. This can, in turn, mean major medical bills, lost wages, and more. They file lawsuits to win compensation for these and other losses.
With the right evidence, you can prove a number of important elements of your back injury accident claim. Some of the evidence you will need includes:
- Medical records: Extensive medical records, including doctors’ notes, X-rays, tests, bills, prescriptions, referrals, and the like will be vital pieces of evidence. These records can also substantiate projected medical expenses you are likely to incur.
- Accident reports: Syracuse law enforcement and other official reports establish the identities of the at-fault parties, causation, and other parts of a personal injury lawsuit. If you’ve suffered an accident be sure to report it so police and others can generate a report.
- Photos and videos: You should try to obtain photos and videos of the accident scene, as well as your injuries. Later, when you are treated for your back injury, record your treatment sessions to better prove how the accident has affected your life.
- Eyewitness statements: You will also want the names and contact information of anyone who observed the accident that caused your back injury. They provide important, independent confirmation of basic facts related to your claim.
- Expert witness statements: Expert witnesses are individuals who testify about complex or technical subjects. For example, a medical expert witness can explain the future treatments you will probably need to recover from your severe back injury.
- Financial documents: This broad category covers lost income, out-of-pocket expenses, and miscellaneous costs related to your back injury. It can also include anything related to lost future income stemming from your accident.
- Personal notes: Finally, you should keep detailed daily records of your pain and suffering, physical limitations, and complications pertaining to your back injury. Later, you will need this evidence to justify your claim for monetary damages.
We Help Syracuse Accident Victims Get the Evidence They Need
There may be other evidence, depending on the details of your back injury accident. Hiring an attorney is the most important step you can take to gather the proof you need. Reach out to CDH Law to begin working on your case now.