10 Key Types of Evidence in Florida Personal Injury Lawsuits

If you have a personal injury claim, collecting the evidence needed to prove your legal rights will be key to seeking the financial compensation you deserve. Several types of evidence may be available—but key pieces of evidence could disappear if you don’t collect them in time. Making sure you can collect the evidence you need is one of the main reasons why you should engage a Miami civil law firm as soon as possible.

Broadly, the types of evidence that are available in personal injury lawsuits fall into two categories: (i) evidence of liability; and, (ii) evidence of damages. You will need evidence in both of these categories in order to seek just compensation.

5 Key Types of Evidence of Liability

Evidence of liability is used to prove who (or what company) is responsible for your injury-related losses. When you have a personal injury claim, you need to file your claim against the right party (or parties). While individual circumstances vary, key types of evidence of liability in personal injury cases often include:

1. Traffic or Surveillance Camera Footage

If traffic or surveillance camera footage of the accident is available, this footage could serve as strong evidence of liability. While footage of an accident won’t always be definitive, in many cases it will provide clear grounds to pursue a claim for just compensation.

2. Cell Phone Photos or Videos (Including Those Posted on Social Media)

Cell phone photos and videos can be strong evidence of liability in personal injury cases as well. Whether you took photos at the scene of the accident or someone else captured your accident on video, any photos or videos could provide critical insight into why the accident happened and who (or what company) is responsible. This includes, but is not limited to, any photos or videos that witnesses may have posted on Facebook, Snapchat, TikTok or other social media platforms.

3. Forensic Evidence from the Accident Scene

Forensic evidence from the accident scene plays a key role in many personal injury cases as well. When you engage a Miami civil law firm to handle your personal injury case, your law firm will most likely send an investigator to the scene of the accident to preserve any remaining forensic evidence right away. Tire marks, debris and spills are just a few examples of numerous types of forensic evidence that may be available in personal injury cases.

4. Eyewitness Testimony

Eyewitness testimony can be powerful evidence in personal injury cases, as it can help to corroborate the accident victim’s version of the events leading up to the accident. If there were any eyewitnesses to your accident, your law firm can work to identify these individuals and speak with them about what they saw or subpoena their testimony as necessary.

5. Documentary Evidence of Liability

Documentary evidence can also play a key role in establishing liability in a personal injury case—and it can also take many different forms. Cell phone records, property or vehicle maintenance records, and employment records are just a few examples of documents that your law firm may be able to obtain to assist with proving your legal rights.

5 Key Types of Evidence of Damages

Once you can prove that you have a personal injury claim, the next step is to prove how much you are entitled to recover. The losses you are entitled to recover are referred to as your “damages.” Key types of evidence of damages in Florida personal injury cases include:

1. Medical Records

Your medical records will be among the most important forms of evidence your Miami civil law firm will need to prove the value of your personal injury claim. Not only will your medical records be critical for calculating the long-term out-of-pocket costs of your injuries, but they will also be critical for proving your pain and suffering, emotional trauma, and other non-financial losses.

2. Employment Records

If you have missed time from work as a result of your accident-related injuries, your law firm will need your employment records to prove your lost wages. If you will be unable to work in the future (or if your ability to work will be limited), your law firm will use your employment records to prove your loss of future earning capacity as well.

3. Bills, Receipts and Account Statements

Along with your medical records, your law firm will also use your bills, receipts and account statements to prove your out-of-pocket costs. This includes not only the costs of your medical care, but also the costs of your prescriptions, medical transportation, medical supplies and other accident-related expenses. If you have incurred any costs as a result of your injuries, these are costs that you can—and should—seek to recover.

4. Documentation of Pain and Suffering

If you have experienced pain and suffering as a result of your accident, you are entitled to compensation for these “non-financial losses” in addition to compensation for your medical bills and other treatment-related expenses. To start documenting your pain and suffering, you can keep a daily log, or “pain journal,” where you write down your daily pain levels and all of the various ways your accident-related injuries negatively impact your daily life.

5. Expert Reports and Testimony

If you need to seek financial compensation for future financial and non-financial losses resulting from your accident, expert reports and testimony will be key evidence in your personal injury claim as well. Your law firm should engage qualified experts on your behalf, and these experts should be able to clearly explain (and document) the long-term effects of your trauma.

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Do you need to speak with a lawyer about filing a personal injury lawsuit in South Florida? If so, we invite you to get in touch. To speak with an experienced lawyer at our Miami civil law firm in confidence as soon as possible, call 305-676-6677 or tell us how we can reach you online today.