Posted on Friday, December 22nd, 2023 at 9:00 am
Sustaining injuries due to another’s negligence or actions is a frustrating and painful experience. Because someone else was careless, you may now face struggles ranging from costly medical bills to ongoing physical pain.
You could be entitled to compensation for these losses. In Chicago, Illinois, seeking compensation typically involves filing a personal injury claim with the negligent party’s insurance.
The insurance company’s automatic reaction probably won’t be to offer the settlement you deserve. An insurer may try to avoid paying you by arguing you haven’t proven negligence. Or they may try to settle your claim for less money than you deserve.
Gathering and presenting evidence is one of the most important steps in the claim process in Illinois. There are a variety of different types of evidence that can be critical in proving your personal injury claim.
Accident Reports
Reporting an accident in the immediate aftermath is wise for several reasons. First, it may be a legal requirement. For instance, maybe your injuries resulted from a motor vehicle accident. In Illinois, you must report a car crash if it causes:
- Injury,
- Death, or
- At least $1500 in property damage
Calling the police to report the accident may be key to avoiding legal penalties. In addition, it ensures that an objective party investigates the accident and files a report accordingly. The police report may be persuasive evidence for the insurance company in proving your personal injury claim.
A police report isn’t the only accident report type that may serve this purpose. Perhaps you sustained injuries at a retail store, hotel, or other such location. If so, you should file a report with management. The report may become evidence in your case.
Just be careful when speaking with anyone after an accident. Don’t say anything that might indicate you caused your own injuries.
Photographs
Take pictures of the accident scene and your injuries immediately after an accident. In the hours and days following an accident, you may also request photos or footage of the incident from witnesses. A lawyer could potentially help you gather this evidence if you’re not sure how to do so yourself.
Witness Statements
Always exchange contact and insurance information with others involved in your accident or who saw the accident at the scene. Find out if any witnesses are willing to give recorded statements at the scene. If not, your lawyer can obtain statements from them later.
Medical Documentation
See a doctor right away after an accident, regardless of whether you think you’ve sustained injuries. It’s possible to sustain injuries in an accident without realizing it immediately.
Err on the side of caution and see a doctor to confirm that no treatment is necessary. Additionally, seeing a doctor immediately will establish a link between your injuries and the accident that harmed you.
Save all medical bills and other medical documentation relevant to your injuries. This documentation can help show why you deserve the amount of compensation you’re seeking when you file a claim.
Expert Testimony
In some instances, it may be necessary to hire an expert to provide testimony to strengthen a personal injury claim. An accident reconstruction expert can show how an accident is likely to have occurred. Their testimony may support your argument that a crash resulted from someone else’s negligence. A medical expert could testify about how your injuries will impact your ability to work going forward or how much your future medical care will cost if you suffered injuries that changed your abilities and require ongoing care.
This is another instance in which an attorney can help with your case. Lawyers often have networks of experts they can contact when expert testimony is necessary.
Testimony from Other Relevant Parties
Doctors and expert witnesses aren’t the only parties whose testimony may improve your chances of receiving compensation. For example, maybe you’re seeking compensation for injuries that have resulted in significant pain. Physical therapists, family members, and others may be able to speak to the way pain has impacted your quality of life.
Contact a Chicago, IL Personal Injury Attorney
Gathering the evidence needed for a personal injury claim isn’t a task you must handle on your own. A Chicago personal injury lawyer can investigate your case and gather evidence on your behalf. They can also negotiate with the insurance company for the compensation you deserve.
At Wallace Miller, our team is prepared to gather the available evidence to present a strong case when filing a claim. Learn more about what we can do for you by contacting us online today or calling us at (312) 261-6193 for a free case review.
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