The Importance of Gathering Evidence for Your New Mexico Personal Injury Case
To establish liability in a court of law, you must prove that another party was negligent in causing your injuries. Most personal injury claims, including those arising from car crashes or dog bites, call for proof of negligence on the defendant’s part. According to the negligence principle in the law, a person is responsible for any damages caused by their own reckless behavior if that behavior directly or indirectly injures another person.
Of course, the importance of providing evidence to prove negligence and substantiate your claims cannot be overstated. Moreover, you can better support your claim if you know what evidence to gather following a personal injury and how to do it incorrectly. If you have questions about personal injury laws in New Mexico or want to learn more about how collecting evidence can bolster your claim, contact our Albuquerque personal injury lawyers at Will Ferguson & Associates immediately. In the interim, read below to learn more about the best practices for gathering evidence related to a personal injury claim.
Common Types of Evidence For Accident Claims
If your case gets to trial, you or your personal injury attorney must submit evidence to a judge or jury. Once again, in a civil suit, the party presenting evidence has the burden of proof. You may divide the evidence you need into four main categories:
- Verifiable proof: Physical objects left at the accident site are examples of real or verifiable evidence. The jury may be able to handle and view evidence such as your damaged vehicle, a faulty product, or other tangible objects.
- Witnesses’ personal testimonies: Witness testimony is a sort of evidentiary proof. It often covers testimony from eyewitnesses (those who observed the incident firsthand) and expert witnesses (later retained by a plaintiff’s team to provide testimony in a particular field).
- Records or written documentation: Evidence in the form of documents is admissible to prove that the defendant is at fault. Evidence might include everything from photos and videos to police reports and medical files to insurance policies.
- Demonstrative or visual evidence: Proof of a defendant’s guilt may be shown via demonstrative evidence. Animations, infographics, and other comparable technologies are often used examples.
In a personal injury lawsuit in New Mexico, these four categories of evidence are the most common ones. However, there are others, and not all forms of proof or evidence are created equal when pursuing compensation for an injury. A jury will consider each component of the evidence presented and decide whether or not it is sufficient to find the defendant guilty.
Gathering Evidence at an Auto Accident Scene
Remember that the plaintiff must provide evidence that the defendant’s carelessness or negligence was the direct cause of the harm or injuries they sustained. For instance, someone could be acting irresponsibly or negligently, but the plaintiff can only recover damages if the defendant’s actions directly resulted in the plaintiff’s injury. Plus, in cases of personal injury in New Mexico, state law requires that persons take action after suffering an injury in an accident to protect crucial evidence. You must find, secure, and gather all the evidence that will be required to back up your claim.
You would be unable to hold the defendant accountable for your injuries without sufficient proof of their liability. So, if possible, begin collecting evidence at the accident scene in question. Here are some examples of pieces of evidence you can gather after your accident:
- Pictures of the accident site
- Recordings from a video camera
- First-hand accounts and witness statements
- The details and number of your police report
- Official copies of your medical chart and/or records
- Lost pay as a result of work missed for injuries
- Journal entries of the victim’s experience with injuries
- Personal accounts from close associates
- Statements and judgments from specialists, or expert witnesses, in the field
This list may not include every possible piece of evidence that might be used to support your personal injury claim. Keep track of all the details that might help your case, particularly if they point to another party’s responsibility for the accident. Contact a lawyer if you need help collecting evidence while hospitalized. Damages are the final component of a negligence and personal injury claim. A New Mexico court must have the authority to award the plaintiff economic damages to cover the costs of a victim’s injuries, such as medical bills and home repairs. A court may also award non-economic damages as compensation for subjective, non-monetary losses such as pain, suffering, inconvenience, and emotional distress.
As mentioned, the plaintiff must prove that they are entitled to compensation to receive compensation, which is why the above pieces of evidence are commonly utilized.
Should I Seek Medical Treatment After a Crash?
Before filing a personal injury claim, ensure you get medical care after your accident, regardless of how serious you think your injuries are. There are two primary reasons why this is recommended:
- Seeing a doctor first will ensure that any injuries are properly diagnosed and treated. Internal injuries can worsen and have permanent effects if they are not treated.
- Your visit will be documented, and information about your injuries will be properly and safely saved. This will help prove that they were caused directly by the accident.
On top of that, while New Mexico law does allow accident victims to pursue compensation, it does so within time constraints: a three-year statute of limitations exists for filing a personal injury claim in New Mexico. This means you have a three-year deadline from the date on which the accident occurred to file your lawsuit.
The New Mexico statute of limitations may be extended in certain circumstances. A trained New Mexico personal injury lawyer can ensure your claim is filed on time and determine if you meet any special circumstances.
Call a Personal Injury Attorney in New Mexico
Our clients come first at Will Ferguson & Associates. For decades, we have helped those who have suffered from personal injuries or disabilities, and we can do the same for you. Furthermore, we handle personal injury claims on a contingency basis, so there are no fees unless we get compensation for you. Call our skilled Nex Mexico personal injury lawyers at (505) 243-5566 if you’ve been injured and want to know whether you may seek financial compensation.
To give you the greatest opportunity to win your case, at Will Ferguson & Associates we’ll explain the nuances of collecting evidence for your case and walk you through the steps essential to building a strong claim.
