Every successful personal injury case has one key element

By Paul Russell, LegalMatters Staff • You just suffered a personal injury. If it was due to the actions or negligence of someone else, you may be entitled to compensation to aid in your recovery.

Before you can receive that funding there is one crucial thing you should try to secure, says Ontario personal injury lawyer Joshua Goldberg.

“Every personal injury case will be decided by the evidence the plaintiff presents,” says Goldberg, principal of Joshua Goldberg Law. “Without credible evidence, your claim may be denied, no matter how badly you were injured or the defendant’s degree of fault.”

Though every case is different, the types of evidence that support a personal injury claim fall into five general categories, he says

Photographs: “Almost everyone carries a cellphone with them,” says Goldberg. “If you are injured, no matter the circumstance, start taking photos immediately if you are physically able to document the incident.

In the case of a motor vehicle accident, he says photos can capture damage to the vehicle as well as any factors that contributed to the collision.

‘Shoot photos from different angles’

“If the roadway was in bad condition, take photos of that as well as images that show weather conditions that day. Shoot photos from different angles, particularly your view of the incident. That can help verify what happened,” he says.

“You should also photograph any physical injuries you suffered,” says Goldberg. “Injuries such as bruises and scratches will disappear over time, so you need to document them after the accident.”

He adds that you should also take photos of your injuries over a period of time “to show how your recovery is progressing.”

Videos: Video footage can be invaluable, he says. “If the injury occurred in a parking lot or on a city street, there is a good chance a surveillance camera recorded what happened,” he says. “If you can obtain that surveillance footage, that will help establish who was at fault.”

Witness statements are important

Witness statements: If someone witnessed how your injury occurred, their observations will be important in supporting your case, Goldberg says.

“An independent witness can give an unbiased report about the circumstances that led up to the injury,” he says.

Take down the names and addresses of any witnesses and request that they describe what they saw in writing.

“Memories fade with time, so ask them to do that as soon as possible,” says Goldberg. “If they only want to give an oral statement, record it on your phone.”

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Official records: “If you have been injured, so see a doctor and keep track of any medical records and treatment plans that are recommended,” says Goldberg. “Your doctor can be your best ally in a personal injury claim.”

Depending on the injury, other official reports could include emergency room records, diagnostic reports, prescription medications and any bills paid for your treatment, he says.

“If the police were called to investigate, a personal injury lawyer can obtain a copy of their reports,” says Goldberg.

‘Police reports are professionally prepared’

With auto accidents, a police report will provide an analysis of what caused the collision, statements from witnesses and any charges laid, he says.

“Police reports are professionally prepared, so they are a great form of evidence to have,” Goldberg says.

Physical evidence: The types of physical evidence – something tangible that can be seen or touched – will depend on your case, says Goldberg.

“If you were in an accident on your bicycle, physical evidence would be damage to the bike frame or torn clothing,” he says. “Physical evidence should be documented and preserved before it is lost or repaired.”

Ontario courts provide many examples of personal injury claims that were denied because the plaintiff failed to provide sufficient evidence, says Goldberg. In 2023, the Ontario Superior Court of Justice heard a claim for $1 million in damages from a man involved in a motor vehicle accident. The man did not call any witnesses at trial and he also failed to produce any medical notes or records.

Lack of evidence led to claim denial

In denying his claim, the court ruled “the defendant will not be liable for the plaintiff’s general damages or health care expenses unless the plaintiff proves that he has sustained “permanent serious disfigurement” or “permanent serious impairment of an important physical, mental or psychological function.”

In 2022, a Superior Court was asked to determine the appropriate amount of damages for a woman injured in a jet ski accident. She suffered three fractured ribs and a punctured lung and also claimed the accident led to breathing problems, insomnia, post-traumatic stress disorder and a lack of motivation

The court awarded $75,000 for her physical injuries but only $15,000 for psychological injuries. Court documents state, “medical opinion evidence is needed to assess this component of the claim in a proper manner. A referral to a psychologist should have occurred … there is limited evidence.”

Her claim also sought an annual payment of $14,400 to make up for lost income, but that was denied since there was “no evidentiary foundation for the claim,” the judgment reads

“These cases show the value of having a lawyer who can gather and present strong evidence to prove a claim,” says Goldberg. “Without that, your chances of being awarded damages are greatly reduced.”