3. Evidence To Prove Negligence
In a personal injury claim, the victim demands compensation from the party who is responsible for the accident. However, you can’t just simply allege someone guilty of the accident without strong evidence.
The evidence of proving negligence depends upon the case. For example, in the case of a machine malfunction, a report regarding the machine’s condition is needed. If the accident resulted from a driver’s negligence, witness statements or CCTV footage are important.
4. Victim Statement
Along with the evidence mentioned above, you should also attach the victim’s statement (your statement). The statement will detail your perspective about what happened before or during the time of the accident.
It’s a crucial part, so ensure to include all details while recording the statement. For a comprehensive statement, legal experts suggest taking notes of the memories of the accident. This is because it’s common for victims to forget the details after some time.
5. Police Reports
The first government official who comes to the injured person is typically the police. They arrive at the accident scene to document the incident, capture photos, and videos, and obtain victim statements.
After acquiring all of these details, police create a detailed report. This report can be helpful to prove your claim as it includes every little detail. You can take the report copy by visiting the police department and paying between $15 to $20 fee (depending upon the type of report).
6. Evidence of Financial Loss
The sixth important piece of evidence that could be helpful for the personal injury claim is the proof of financial loss. If you were hospitalized or recovering at home due to your injury, you can use the records to show your loss of wages and ask for fair compensation.
You can bank statements reflecting decreased income. Records of missed work days resulting in lost wages, or any documentation like hospital bills that show the financial impact of your injury can also be used as evidence.
Limitation Period For Personal Injury Claims In California
It’s crucial to note that every state sets a deadline for filing personal injury claims. This deadline is known as the limitation period, which can be one year or more depending upon the state you live in. After this time, it becomes challenging to gather evidence to support the claim.
In California, the limitation period is specifically three years from the date of the accident. If your injury occurred more than three years ago, you may not be eligible to seek compensation from the at-fault party, and the claim won’t be valid.