Personal Injury Claims: Evidence Gathering

Experienced Accident Lawyers in Phoenix, AZ

If you’ve been injured in an accident, Arizona law may entitle you to damages as compensation.  When pursuing a claim, however, success will turn on whether you can successfully present a comprehensive record of evidence that supports your claims.  If you do not have sufficient evidence, there will almost certainly be a problem as litigation proceeds.

Interested in speaking with an experienced Phoenix accident attorney about your claims?  Contact Hirsch & Lyon for guidance.

Let’s explore some basic evidence gathering issues you should keep in mind as you consider the possibility of litigation.

Securing a Range of Relevant Evidence in an Arizona Accident Case

Ultimately, your goal in securing evidence is to support your personal injury claim that the defendant is liable for your injuries and damages. In other words, if you introduce evidence to prove that the defendant committed negligence that led to your injuries, but you fail to provide sufficient evidence to prove that your damages claim is justified, you could ostensibly recover less than what you need to cover all your losses.  

In order to prove that the defendant is liable and secure adequate damages, you’ll want to introduce a wide range of relevant evidence.  This evidence may include, but is not limited to:

  • Medical records
  • Medical bills
  • Pay stubs
  • Repair bills for property loss
  • Expert testimony (i.e., physician testimony, testimony of an accident reconstruction expert, vocational expert testimony, etc.)
  • Eyewitness testimony
  • Photographic and video evidence of the accident
  • Statements made by the defendant relevant to the accident

For example, if you are attempting to argue that your injuries in a car accident led to you having to take off work for two months, then you cannot expect the court to simply believe your statements without proof. You’ll want to introduce documentary evidence that you actually had to miss work for those two months (i.e., pay stubs, employer confirmation, etc.).

EVIDENCE CHECKLIST
LOST WAGES

Discovery Can Be Complex in Certain Arizona Cases

Discovery is a complex process that can present a number of roadblocks.  To understand, let’s use a brief example.

Suppose that you are injured in a drunk driving accident involving a delivery driver who was intoxicated.  You’re suing the defendant-driver’s employer whom you believe knew about the driver’s history of alcoholism prior to hiring him. In discovery, you request records related to the employer’s hiring process. The employer may attempt to argue that it is an overbroad intrusion and that the records are not relevant. Your Phoenix accident lawyers could counter by explaining that the records would reveal whether they asked about or knew about the driver’s alcoholism at the time of hiring.

Contact the Phoenix Injury Law Firm of Hirsch & Lyon for a Free Consultation

At Hirsch & Lyon, our team of attorneys are committed to working closely with injured plaintiffs throughout the litigation process. We are extremely detail-oriented when it comes to discovery.

Over the years, we have litigated numerous motor vehicle accident claims and have handled evidence gathering in complex disputes involving hostile defendants or otherwise difficult discovery scenarios.  This experience has given our team of skilled Phoenix accident lawyers the tools necessary to effectively obtain relevant evidence and to do so in a way that minimizes the friction often encountered by plaintiffs in the evidence-gathering phase.

Ready to speak to a Phoenix accident attorney?  Call us at 602-535-1900 or complete an intake form on our website to schedule a free and confidential consultation today.

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