What Evidence Do I Need To Be Successful In My Personal Injury Claim? Getting Compensated for my Charleston, SC and Summerville, SC Car Accident Claim.

Posted by Jay McMillian | Oct 20, 2018 | 0 Comments



When I am consulting a potential new client following an auto accident, one of the evaluations I am performing when deciding on whether to take a case or not is the evidence that will be available to me that will support my client's claim for compensation. The following article will address the several different types of evidence that aid attorney's in prosecuting personal injury and car accident claims.


The most important and conspicuous evidence that is available after a car accident is the physical evidence. The physical evidence can be the damage to property and, in cases involving a drunk driver, empty beer cans in the passenger compartment of a car. When you are injured in any type of accident, physical evidence can be the most direct source of corroboration to support your innocence and pin liability on the at-fault driver. Physical evidence can provide the the insurance company and potentially a jury with the reference points needed to secure just compensation. Physical evidence is often most helpful in cases when determining fault may not be difficult and the pertinent issue is the measure of damages. 


Additional contributors to car accidents can be things such as road conditions, or the location of traffic signals or signage. An accident scene may also have skid marks, have broken glass at the scene, or may have have very unique physical characteristics that are unique to that location. Following an accident, there is generally a great deal of evidence left at or part of the scene. When an accident takes place, the evidence is often within the scene location or part of the accident itself. Photographic evidence of items located at the scene is important in cases that specifically may be hear by a jury.


The bulk of the evidence that come about in the aftermath of an auto accident is documentary evidence. The genesis of the documentary evidence is at the scene, where most accidents while have an accident report filed by law enforcement, and in more serious or fatal crashes, a full-blow accident investigation report. First responders may produce a Pre-Hospital report to document any emergency treatments that were administered at the scene prior to hospitalization. Of course the holy grail of any auto accident case is the medical reports and medical bills that an accident victim will accumulate following a crash. The medical notes and treatments allow your attorney to establish causation, i.e. that the negligent act of the at-fault driver did cause specific injuries that can be identified and treated. Also, medical bills will serve as a baseline to help your attorney determine the value of your injury claim and pursue settlement or a jury award. It is important to also remember that lost wages are an important part of any accident claim and paystubs and tax returns can help substantiate lost wage claims.  


One of the most valuable and persuasive forms of evidence that can be used if you have to take your case to court is witness testimony. Eyewitnesses to the accident can provide testimony that supports the finding of liability against the other driver. Medical testimony from the victim's doctors and care providers can clarify to a jury the injuries suffered, the extensive treatments required, and how the injuries could effect the victim for the remainder of their life. The most compelling testimony that can be offered in a personal injury trial is the testimony of loved ones and family members. The testimony of your loved ones who are there day in and day can spell out for a jury the real impacts of an accident on a victim's life. The ability to have witnesses look jurors in the eye and for jurors to hear those voices is invaluable in a jury trial. 


There is an old saying that "a picture is worth a thousand words." The presence of photographs and video from an accident and its aftermath can be the single greatest influence upon the settlement of a case and/or potential jurors. People are by nature visual creatures . . . people want to believe what they see. Photographs of the damage to your car, or video of an accident victim going through rehabilitation following a serious crash can influence a jury through emotion while also laying bare the facts that warrant a healthy personal injury award. The most successful cases that have been brought before a jury and earned the biggest court awards have rested heavily on the visual depictions of photographs and videos. 


Now it is one thing to have all the supporting evidence to substantiate your claim for damages as a result of your auto accident. However, it will be for naught if the victim does not preserve that evidence for use in negotiation and potentially at trial. The most successful way for an accident victim to preserve evidence is to get an experienced attorney to aid in the preservation. Hire an experienced attorney and let him or her use their resources to collect and preserve sensitive documents that will be necessary to pursue your claim. If you have photographs, videos, recordings, or any other type of electronic media that needs to be preserved? Email files to your lawyer so he or she can preserve them and have copy for their files while also making back-up copies on a flash drive or something independent of your hard drive so the evidence is safe even if your computer suffers any kind of failure or corruption of data files. 


As a Car Accident and Personal Injury lawyer in my solo practice, I will take all necessary steps to protect your rights and earn just compensation for you as a result of your accident. Through my efforts, I can bring about much needed financial relief to a victim who may be suffering from serious injuries and permanent disability. Being a small firm allows you to have direct access to your lawyer during this entire process, with open lines of communication as we work together towards a viable solution to your specific case. 

Being an experienced personal injury attorney, I have experience dealing with insurance companies. I also know where the courthouse is and will not be afraid to call the insurance company to the mat in front of a judge and jury if necessary.

If you or a loved one has been injured in a car accident or due to the negligent or reckless acts of another in Charleston, Summerville, Mount Pleasant, James Island, West Ashley, Goose Creek, Moncks Corner, North Charleston, or any of the other fine communities of the Low Country, and need to meet with an experienced personal injury lawyer, please contact me to set up your free case evaluation today. Let me help prevent you from being taken advantage of by the insurance company. I am serious and I am here for you! Contact The McMillian Law Firm today @ 843-900-1306

About the Author

Jay McMillian

Background I chose to build my law practice in the areas of Car Accident and Personal Injury because these areas of the law are the most accurate reflection of my values and my upbringing. Being the son of a breakfast hostess and a retired US Army Sargent turned construction worker, the values instilled upon me by my par...


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The McMillian Law Firm

Attorney Jay McMillian operates a solo practice with an emphasis on two core principles. First, to provide competent legal advice in the areas of Auto Accident and Personal Injury Law to the people he is proudest to serve, the people of the South Carolina Low Country. Second, to provide the most personal and intimate service to each and every client and give them the attention and compassion that they deserve while going through the stress and strain of negotiating or litigating an injury claim. If you live in Charleston, Summerville, Mount Pleasant, Goose Creek, James Island, Walterboro, Moncks Corner, and you or someone you love has been injured by the negligence of another, please call Jay at The McMillian Law Firm today.

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