Evidence Used in Illinois Accident Claims
Throughout an accident claim, the parties must exchange evidence that supports their arguments. The accident victim submits evidence that shows the nature of his injuries. The at-fault driver may try to argue that at least some of the victim’s injuries are not related to the accident and will point to the victim’s past medical records to do so. In accident claims, dozens of different types of evidence may be exchanged between the parties. What types of evidence are usually submitted in car accident claims?
To prevail in an accident claim, the victim must submit proof that he or she was injured. This requires the victim to submit various types of medical records, depending on the nature of the accident. The types of medical records submitted may include:
- Ambulance records
- Emergency department records
- Inpatient hospital records
- Surgical records
- Physical therapy records
- Chiropractor records
The opposing party, of course, will want to see if any injuries the victim has claimed are due to preexisting conditions. The victim may ask for the victim’s medical history. In some cases, the medical history from the previous 5 to 10 years may be requested.
If the victim is seeking compensation for future medical care, documentation that supports this claim must be submitted. A report from a medical expert that clearly lays out why the treatment is needed, as well as an estimate of the cost of the treatment, will be provided.
If the victim has claimed lost wages because the victim had to miss time from work to recover after the accident, records from the victim’s employer must be submitted. These records include the victim’s income and a list of dates the victim missed from work.
The accident report is also studied in an accident claim. The accident report generally must be requested from the local highway department. The accident report includes the responding officer’s notes and a synopsis of how the accident happened.
Photos and video surveillance footage, if available, are also used in many accident claims. The victim may submit photographs of his injuries and the damage to his vehicle. The victim may also submit video surveillance footage from traffic cameras or storefronts that shows the other driver violating traffic laws.
Social media posts may also be used in a motor vehicle accident case. A photo of the at-fault driver taking a shot of alcohol with friends shortly before a crash may be used to prove the driver was under the influence at the time of the accident. On the other hand, a photo of the accident victim running a marathon after an accident may be used to argue the victim’s injuries are not as serious as he claimed.
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At Stein & Shulman, LLC, our accident attorneys are experienced in all types of claims and understand what evidence best supports your case. To schedule a free consultation with our firm, call (312) 422-0500 today.
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