When injuries occur at the expense of negligence, victims are entitled to seek justice for their suffering. However, recovering compensation for endured damages is not as straightforward as you may believe. This is because the other party will likely dispute their liability and you will be responsible for fulfilling the burden of proof. To satisfy the burden of proof, you will need to collect as much evidence as possible to show that the defendant’s careless or intentional actions caused your injuries. Please continue reading to learn what evidence can support your personal injury claim and why connecting with a trusted New York City Personal Injury Attorney is in your best interest.
Why is Gathering Evidence Important for My NY Personal Injury Claim?
Through the New York personal injury claim process, those injured by the negligence of others can pursue monetary compensation for their losses. However, many people underestimate how complex navigating this legal process can be.
New York is a pure comparative negligence state. Under this legal doctrine, an individual can still receive compensation if they are partially at fault for an accident. However, the amount of compensation is reduced in proportion to the degree of fault for the accident. For instance, if the other party is assigned 99% at fault, you could still receive 1% of the settlement. As such, it’s crucial to do everything possible to demonstrate that you were not negligent in these matters to ensure you receive the maximum compensation you are entitled to.
Furthermore, it can be difficult to fulfill the burden of proof. Victims have the burden of proof, meaning they must provide convincing evidence that proves the defendant’s actions caused their injuries. Without this evidence, the defendant cannot be held financially accountable. That said, it’s essential to gather evidence that can directly link your injuries to the accident.
What Evidence Should I Collect?
Following an accident, your primary concern should be your health and well-being. As such, you should contact emergency services. Not only will this ensure that you receive proper medical attention for any injuries sustained, but it will also record the accident, enabling the police to investigate the circumstances of the incident. A police report can provide critical details regarding the accident that can help determine liability and assess damages. It’s important to keep track of your medical records and expenses.
If circumstances permit, you should take pictures and videos of the accident scene, your injuries, property damage, and any other variables that could have contributed to the cause of the accident. If any witnesses observed the accident, it’s beneficial to collect their contact infromation as they may be able to corroborate your claim.
As you can see, it’s essential to gather as much evidence as possible to support your personal injury claim. Connecting with a determined attorney from the Law Office of Brian J. Elbaum is vital to learning more about personal injury claims and how we can assist you through the legal process.