In New York, if someone’s carelessness harms you in any way, you can file a personal injury claim against them. This is often done to receive financial compensation for any money you might have lost due to medical bills, property repairs and lost wages. However, to prove that another person is responsible for your injury and win a case, you will need to find relevant evidence.
What sort of evidence do you need?
New York courts are likely to dismiss personal injury claims if you do not have any proof. If someone injures you as a result of their carelessness, you need to gather evidence to prove that your injury is the direct result of their actions. Typically, evidence that holds weight in court includes:
- Photographs and videos: Try to collect as much photographic and video evidence to help visualize the scene of the incident.
- Details of the incident: Write a detailed list that explains where, why and how the incident occurred.
Medical records: Gather reports and records from hospitals and doctors to increase the legitimacy of your personal injury claims. - Financial records: Collect receipts and medical bills to prove your injuries and that you require monetary compensation.
- Witness information: Contact witnesses of the incident who can make statements about what they saw.
- Official reports: Reports from the police are unbiased third-party records that judges review commonly and consider, potentially boosting the credibility of your claim.
In New York, you have three years from the date of the incident to file a lawsuit against someone whose carelessness injured you. However, you have much less time if you are suing the government, where you have a deadline of one year and 90 days.
What makes evidence so important?
It is difficult to file a personal injury claim and win without any proof. The court will likely dismiss your claim without the records, photographs and details to provide your claim with some validity. With proper documentation, you can gather all the evidence you need to win a claim and receive monetary compensation for any injuries you might have received.