Types of Evidence Needed to Settle a Child Injury Claim Successfully
If your child was injured in a car accident, slip and fall, or other child injury accident, they are relying on you to pursue their rights against the negligent party who caused their injuries. You will need to collect evidence if you want to win their case. Our San Diego child injury lawyer offers the crucial types of evidence that may help your case.
Evidence is the building block of a strong case, and you can never have too much of it. You will need evidence that proves the other party’s negligence, the seriousness of your child’s injuries, and the amount of compensation they are entitled to. Here are the types of evidence you should begin collecting right after your child’s accident.
Police or Incident Report
If your child was hurt in a motor vehicle accident, you should contact the police and obtain a copy of the police report. The police report will have helpful information, such as:
- Date, time, and place of the collision
- Details on how the crash occurred
- Driver and witness statements
- Officer conclusions as to who caused the wreck
- Any traffic citations issued
You should fill out and obtain a copy of an incident report if your child was injured in a slip and fall accident, daycare accident, or other types of personal injury accidents. Completing a report will put the property or business owner on notice of your child’s accident and claim. It will also contain helpful details about how the incident occurred while they are fresh in your mind.
Photographs
Use your cellphone camera to take photos of the scene where the accident occurred, damage to the motor vehicles or other property, your child’s injuries, and anything else you think would be helpful. Your photographs could be helpful in proving the other party’s negligence and can be compelling evidence to show a jury if your case goes to trial.
Witness Statements
You should obtain the contact information of any witnesses who saw how your child’s accident occurred. If you fail to do this, it may be difficult to contact an eyewitness who can help prove that the other party’s negligent actions caused the accident—getting a written statement from a witness soon after the incident is important since their memories may fade over time.
Medical Records
Having strong medical evidence is essential if you want your child to obtain the maximum recovery in their settlement. You will need to prove the seriousness of your child’s injuries, the treatments they need, their final prognosis for a full recovery, and the amount of medical expenses they should be reimbursed for in their settlement.
You should save their diagnostic test results, hospital records, doctor’s visit records, and medical bills. You may also have to retain a medical expert who can testify about how serious your child’s injuries are, what treatments they need and will need in the future, and whether they will fully recover from their injuries. If they have to live with permanent injuries, the expert can testify how this will affect their ability to work and their quality of life.
Employment Records
If your child was working at the time of the accident, you would want to save their paystubs. This would prove the lost wages they should receive while they are off work recovering from their injuries. They may be entitled to lost earning capacity damages if their injuries cause them to be permanently disabled.
Expert Witness Reports
You may need to hire other expert witnesses in addition to a medical expert to prove other aspects of your child’s case or resolve disputes with the negligent party’s insurance company. An accident reconstructionist, economic expert, and mental health expert are a few of the types of experts you could need to retain.
What Is the Best Way to Collect the Evidence You Need?
If your child was injured in an accident, you need to retain an experienced child injury accident attorney as soon as possible. They may be able to help you obtain the evidence you need to win your child’s case and can negotiate your child’s settlement with the insurance company. They can also help you comply with the special procedures you must follow in California to obtain court approval of the settlement.
Order my free book, Justice for the Injured Child, to learn more about your rights. To find out how I can assist you, call my San Diego office at 619-813-7955 or fill out my online form to schedule your free initial consultation today.
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