5 Crucial Documents for Your Personal Injury Case

You’re hurt in an accident and need to file a personal injury claim.

The last thing on your mind after a serious accident is probably the documents you need for your claim but it is important that you or your loved ones get organized and start assembling the necessary documents as soon as you can collect your thoughts.

Having the right documentation can impact your claim and how much compensation you may be awarded. It can make a massive difference.

So here are the five most important pieces of documentation to gather for your personal injury claim.

1.  Accident reports/Police reports

For most road accidents, law enforcement will need to be called to the scene. Police or fire department officials will survey the scene of the accident, collect evidence, speak to witnesses, and prepare an official report.

Be sure to get your copy of the accident report. Police reports are a matter of public record so you are entitled to a copy once completed.

An accident reconstruction report is sometimes filed by a special division of the police department responding to the accident. Make sure you get a copy of this if applicable.

These reports will be the starting place for your personal injury lawyer to file a claim on your behalf as it should have the information of all the parties that were involved in the accident.

2.  Witness and victim statements

If there were witnesses present at the scene of your accident, gathering their contact information along with statements from them as soon as possible after the incident can help corroborate your version of events.

Witnesses often have relevant information about the accident, including the people involved and the cause of the accident. Pertinent information may be clearer to them than those involved in the accident. Gathering this information while the details are fresh in the witnesses’ memory is best.

The Calgary Police Service provides a witness statement form that can be used to document observations. Any statements that back up your claims of liability against another party should strengthen your case against the insurance company in respect of determining liability.

If you are the victim of the accident, you should also provide a statement clearly detailing your version of events of what transpired.

3.  Medical records

Medical records are essential for personal injury claims as proving the extent of your injuries, pain and suffering, and financial losses all depend on demonstrating your medical condition before and after the accident.

Your personal injury lawyer can assist in requesting copies of your medical records from:

• Emergency responders
• The hospital or clinic where you were first treated
• Physical therapists/massage therapists/chiropractors/psychologists you see for follow-up treatment
• Any other medical professionals and healthcare providers you see after your accident

Your primary care physician will have access to your full medical records before the accident so that comparisons can be made and determinations made about how the accident affected your health and wellbeing.

Besides the medical reports, keep records of all medical bills, prescriptions, and treatments received, as well as receipts and discharge information from the hospital.

This is highly relevant information that can support your claims for the various applicable heads of damages.

4.  Documentation of lost wages

If you have to spend time away from work even for a short period after your accident, you need documentary evidence of how much this costs you if you want to be fully reimbursed for your losses.
Some accidents result in long-term or even permanent loss of ability to work and it then becomes even more important to gather the relevant evidence.

You may be able to obtain the following information:

• A letter from your doctor detailing the specific dates you were (or will be) unable to work because of your injuries.
• A letter from your employer stating the nature of your employment with the company and the period that you were absent from work.
• Documentation (pay stubs, tax returns, employment contracts, etc.) that demonstrate your pre-accident earnings with your employer (including any benefits and bonuses you receive).

This information will assist the parties and ultimately the court to be able to determine your lost earnings both in the past and the future if applicable.

If your accident occurred at work, you may also be entitled to wage replacement from the Workers’ Compensation Board of Alberta. These are payments that replace lost employment income resulting from a workplace injury or illness.

5.  Video/Photos of the accident

It is extremely useful to be able to gather video or photo evidence from the scene of the accident either immediately or as soon as possible thereafter.

In the immediate aftermath of an accident, it can be difficult to focus on the necessary details so returning to the scene and capturing footage or pictures may help.

Whether you can do that will depend on the extent of your injuries but nowadays, with almost everyone armed with a smartphone that records video and takes pictures, witnesses may also have gathered evidence that is useful for your personal injury claim.

There may even be police or security camera evidence available.

In the case of a car accident, for instance, it may help your claim if you have pictures or video of:

• Your injuries
• Property damage (e.g., damage to your vehicle)
• The accident scene
• Any marks on the road or traffic signs in the area
• The weather conditions at the time
• Any other influencing factors

If liability is in dispute, this type of evidence will assist. Sometimes an accident reconstruction expert will need to be retained to help in establishing who is at fault for an accident.

Need help with a personal injury claim in Calgary?

Regardless of the type of accident you have been the victim of, your personal injury claim might not get very far without the correct documentation.

That’s why it’s important to speak to an experienced personal injury lawyer as soon as possible after your accident.