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What Evidence Makes or Breaks a Personal Injury Claim?

August 11, 2025

What Evidence Makes or Breaks a Personal Injury Claim? In this article, we’ll discuss why documentation matters and how to protect your rights after an injury.

It only takes a moment for an accident to happen, but the impact can last for months or even years. If you’ve been injured due to someone else’s negligence, the strength of your personal injury case often comes down to one critical factor: evidence.

From the scene of the crash to the courtroom, every detail matters. Documentation matters. At Jeff GOULD Law, we know what insurance companies look for and how they use gaps in treatments, inconsistencies, and lack of documentation to minimize your compensation. With over 25 years of experience, Jeff is the Attorney in YOUR Corner, helping you gather, protect, and present the kind of evidence with supporting documentation that gets results.

What Counts as Evidence in a Personal Injury Case?

Personal injury evidence includes anything that supports your claim that:

  • You were injured
  • The other party was at fault
  • Your injuries caused measurable losses (financial or otherwise)

The right evidence can demonstrate liability, verify the severity of your injuries, and strengthen your position in settlement negotiations or at trial. The absence of evidence or poorly preserved evidence can do the opposite and will allow the opposition to minimize your damages.

Here’s a closer look at the most important types of evidence in Arizona personal injury cases:

1. Photographs and Videos from the Scene

Visual documentation is often the strongest and most immediate form of evidence. If you’re able, use your phone to capture:

  • The condition of vehicles, equipment, or property
  • Roadway or weather conditions
  • Hazardous surroundings (broken stairs, spills, poor lighting)
  • Visible injuries

These images can preserve the facts long after the scene has changed and provide powerful support in both settlement talks and court proceedings.

2. Police Reports and Official Documentation

Police reports, incident logs, and workplace accident reports carry significant weight. These documents often include:

  • The responding officer’s observations
  • Statements from involved parties and witnesses
  • Diagrams or initial fault determinations

Even if the report doesn’t assign fault directly, it creates a time-stamped, third-party account of the incident.

3. Medical Records and Doctor’s Notes

After an accident, your medical treatment becomes a central pillar of your case. It’s crucial to:

  • Seek medical care immediately—even if injuries seem minor
  • Follow up as recommended
  • Keep copies of diagnoses, treatment plans, prescriptions, and doctor’s notes

Insurance companies can use delays in treatment or gaps in care to argue that your injuries weren’t serious or were unrelated to the accident.

4. Witness Statements

Eyewitnesses can provide valuable testimony that supports your version of events. This includes:

  • Bystanders who saw the incident
  • Coworkers in a workplace injury case
  • Passengers in a vehicle

When possible, collect names and contact information at the scene. Independent witness accounts can be especially helpful when fault is disputed.

5. Insurance and Employment Records

Documentation of your income before and after the accident can help calculate lost wages. Additionally, your insurance policy, correspondence, and claims filings may be relevant to determining coverage, liability, or bad faith practices by an insurer.

6. Personal Notes and Pain Journals

While not official records, your own notes and daily symptom tracking can be a valuable supplement, especially for documenting:

  • Pain levels
  • Limitations on work or daily activity
  • Emotional distress or mental health challenges

This kind of “real-world” evidence adds context and humanity to your case.

What Weakens a Personal Injury Claim?

Just as strong evidence can support your claim, inconsistencies or omissions can work against you. Common issues include:

  • Waiting too long to seek medical care
  • Posting about your accident or activities on social media
  • Failing to follow medical advice
  • Giving recorded statements to insurers without legal guidance

Insurance companies are trained to find holes in your story. At Jeff GOULD Law, we help you stay one step ahead.

Why Evidence Matters – Even in Settlements

Most personal injury cases are resolved outside the courtroom.  But even in settlement negotiations, solid evidence helps: establish the value of your case; prove your damages; and

discourage lowball offers.  Without it, you risk being pressured into accepting far less than you deserve.

The Attorney in YOUR Corner

If you’ve been injured, you deserve to be heard and fully compensated for what you’ve lost. At Jeff GOULD Law, we understand what makes a strong personal injury claim in Arizona and how to build your case from day one.

Don’t let critical evidence slip away: 

Call Jeff GOULD Law, the Attorney in YOUR Corner – TODAY!

DISCLAIMER: The information on this blog/site is not intended to be legal advice. It is for general informational use only. You should consult an attorney for advice regarding your situation. Further, this information does not create an attorney-client relationship.

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Jeff GOULD Law PC
7592 N. La Cholla Blvd. Tucson, AZ 85741
520-808-4435 [email protected]
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