What Evidence Is Important in a Car Accident Claim?

While filing a car accident claim often requires several forms of evidence, the forms of evidence needed in any particular case depend on the specific circumstances involved. Once you hire a lawyer to represent you, your lawyer will be able to conduct a thorough investigation and determine what evidence is needed to assert your legal rights effectively.

If you have been injured in a car accident, gathering evidence will be a key step toward seeking the financial compensation you deserve. Evidence can take many different forms, and to file a successful car accident claim, you may need various forms of evidence that work together to prove your right to just compensation.

Gathering the evidence needed to file a successful car accident claim is a time-intensive process that requires in-depth knowledge of Wisconsin’s personal injury laws. This is one of several reasons why it is important to have an experienced car accident lawyer on your side.

Two Key Types of Evidence in Car Accident Claims 

Broadly, there are two key types of evidence in car accident claims under Wisconsin law. You will need both types of evidence to file a successful claim. Seeking the financial compensation you deserve requires both:

• Evidence of Liability – Evidence of liability is used to prove that you are entitled to just compensation. If a negligent driver (or another party) is liable for causing your car accident, this means that you are entitled to financial compensation under Wisconsin law.
• Evidence of Damages – Evidence of damages is used to prove how much you are entitled to recover. As a car accident victim in Wisconsin, it is up to you to make sure you are seeking full compensation for your accident-related losses.

Gathering both types of evidence after a car accident requires experienced legal representation. While you may have some evidence in your possession, you will likely need multiple other forms of evidence to convince the at-fault party’s insurance company to pay. If you need to take your car accident claim to trial, this will require various forms of evidence as well—and it will be critical to ensure that all of the evidence is admissible in court.

Evidence of Liability: Common Examples

Now that we’ve talked about the two key types of evidence in car accident claims, we can talk about the specific forms of evidence that may be available. Common forms of evidence of liability include:

• Tire marks, debris, and other forensic evidence from the crash site
• Documentation of traffic, weather, and road conditions at the time of the crash
• Traffic camera or surveillance camera footage
• Cell phone photos or videos
• Eyewitness testimony (or social media posts)
• The police report and the other driver’s statements to the responding officer
• The other driver’s cell phone records, employment records, or receipts 
• Inspection reports for the vehicles involved in the collision
• Expert reports and testimony 
• Accident reconstruction (a data-based computer simulation of the accident)

These are just examples. The forms of evidence that you can use to build your claim will depend on the specific circumstances involved in your crash. This makes it critical to conduct a comprehensive investigation, and this investigation should take place as soon after the accident as possible.

Evidence of Damages: Common Examples

As discussed above, filing a successful car accident claim also requires evidence of your accident-related losses (or your “damages”). Evidence of your damages may include:

• Medical records
• Medical bills and insurance statements
• Vehicle repair estimates and bills
• Bank account and credit card statements 
• Receipts 
• Employment records 
• A “pain journal” where you document your injuries’ day-to-day effects
• Medical expert reports and testimony
• Financial expert reports and testimony 
• Statements or testimony from friends and family members 

These, too, are just examples. Once you hire a lawyer to represent you, your lawyer will be able to assist with gathering all of the evidence needed to prove the financial and non-financial costs of your car accident. Your lawyer will then be able to calculate the total value of your claim, and you will be able to use this information to avoid unknowingly settling for less than you deserve.

Talk to a Wisconsin Car Accident Lawyer for FREE

The evidence available after a car accident can have a significant impact on your claim. We can evaluate your case, help preserve critical evidence, and explain your legal options during a free consultation.

At Studinski Law, LLC, we do more so you get more. That means more attention, care, and experience on your side. We take fewer cases than most firms, so we can give your situation the attention it deserves. We assign more people to each case, so you have more attorneys, paralegals, experts, and staff focused on your outcome. We dig deeper, push harder, and work longer to get you the maximum compensation you deserve. 

Contact Studinski Law, LLC today online or at (715) 343-2850 for a FREE case evaluation. We proudly serve all of Wisconsin, including Plover, Marshfield, Stevens Point, and other areas.