If you were injured in an accident in Charleston, gathering strong evidence is essential for proving your case and recovering compensation. In South Carolina, the injured party has the burden of proving that another person’s negligence caused their injuries. Without adequate evidence, the insurance company may deny your claim or offer an unreasonably low settlement.
Evidence establishes the facts of the accident, shows who was at fault, and demonstrates how the injuries impacted your life. Below is a detailed guide to the types of evidence used in personal injury cases, why they matter, and how to preserve them.
Why Is Evidence Important in a Personal Injury Case?
Evidence serves multiple purposes.
It helps:
- Establish how the accident occurred
- Prove who was responsible
- Show the severity of your injuries
- Document your financial losses and future care needs
- Counter the insurance company’s defenses or denials
Without strong, organized evidence, your claim is unlikely to succeed even if you were seriously hurt.
How to Collect Evidence After an Accident
Evidence is critical in any legal case, so it’s best to gather everything that could be relevant. Photographic evidence is one of the strongest forms of proof.
After an accident:
- Take wide-angle photos of the scene.
- Capture close-ups of hazards, skid marks, broken glass, or debris.
- Photograph your injuries as soon as possible and throughout recovery.
- Record videos showing traffic signals, weather conditions, or lighting.
Taking these steps can ensure that critical evidence is preserved.
Medical Records
Medical documentation proves that your injuries were caused by the accident and validates your claim for damages.
Keep track of the following records:
- Emergency room records
- Doctor’s notes and treatment plans
- Imaging studies (X-rays, CT scans, MRIs)
- Physical therapy notes
- Bills and invoices
Following your treatment plan is essential, as gaps in care can be used to challenge your claim.
Witness Statements
Neutral witnesses can corroborate your testimony. At the accident scene, if possible, collect the other parties’ contact information. Also, their written or recorded statements can be used by your attorney.
Expert Testimony
Experts who often testify in personal injury cases include:
- Accident reconstructionists
- Medical experts
- Financial experts
Experts can clarify technical issues that laypeople may not understand.
Employment Records
If you missed work due to your injury, keep:
- Pay stubs showing lost income
- Letters from your employer verifying missed days and job duties
- Tax returns if self-employed
These documents are crucial for recovering lost wages and diminished earning capacity.
Surveillance Footage
Video from traffic cameras, nearby businesses, or residential cameras can show:
- The moment of impact
- Hazardous property conditions
- Vehicles running red lights or speeding
Request footage as soon as possible, as many systems overwrite old video within days.
Can Social Media Affect My Claim?
Yes. Insurance adjusters often review claimants’ social media accounts. Even innocent posts can be used to dispute injury severity or credibility.
For example:
- Photos of physical activity may be used as evidence that you weren’t injured.
- Comments about the accident could undermine your case.
Avoid posting about your accident or injuries while your case is pending.
What Happens If Evidence Is Destroyed?
If the defendant or another party destroys evidence, courts may impose penalties, such as:
- Sanctions or fines
- Allowing a jury to infer that the evidence was unfavorable to the defendant
Prompt legal action is critical to preserve evidence.
How Can Evidence Impact Settlement Negotiations?
Strong evidence can:
- Increase the value of your case
- Convince insurers to settle rather than risk a trial
- Shorten the duration of negotiations by eliminating disputes over facts
Weak or incomplete evidence often leads to low offers or denied claims.
How Long Do I Have to File a Personal Injury Lawsuit in South Carolina?
South Carolina has a three-year statute of limitations for most personal injury lawsuits. This means you must file your lawsuit within three years of the accident date or risk losing your right to recover compensation altogether.
Contact Ty Robinson Law Firm for a Free Consultation With a Charleston Personal Injury Lawyer
If you were injured in Charleston, collecting the right evidence is essential. Attorney Ty Robinson has six years of experience helping injury victims build strong cases and recover the compensation they deserve.
Reach out to Ty Robinson Law Firm today to schedule a free consultation with a Charleston personal injury and car accident lawyer and find out how we can protect your rights and help you move forward with your case. You can contact us online or call (843) 278-2222 for further assistance.
Visit Our Personal Injury Law Office in Charleston, SC
Ty Robinson Personal Injury & Car Accident Law Firm – Charleston Law Office
28 Broad St Suite 204-2,
Charleston, SC 29401
(843) 278-2222
