Evidence

After an accident in Baton Rouge, gathering the right evidence is one of the most important steps in building a strong personal injury claim. Whether you were hurt in a car crash, slip and fall, or another incident caused by someone else’s negligence, solid evidence is key to proving liability and recovering compensation.

Louisiana law places the burden of proof on the injured party. To recover damages, you must show that the defendant was at fault and that their actions directly caused your injuries. Here’s what you need to know about collecting and preserving evidence in a personal injury case.

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Why Is Evidence So Important in a Personal Injury Case?

In personal injury law, your claim is only as strong as the proof you can provide.

Evidence helps:

Establish who was at fault for the accident
Prove the nature and extent of your injuries
Connect your injuries to the defendant’s actions
Support your claim for damages

Without strong evidence, insurers may deny your claim or offer a much lower settlement than you deserve.

What Types of Evidence Are Used in Louisiana Personal Injury Cases?

Several types of evidence may be relevant depending on the circumstances of your case.

Common examples include:

Photographs and video: Images of the accident scene, vehicle damage, road conditions, or hazardous property features
Police or incident reports: Official documentation created by law enforcement or property managers
Medical records: Diagnosis, treatment plans, medical bills, and doctor’s notes
Witness statements: Testimony from people who saw the accident happen
Expert testimony: Opinions from medical specialists, accident reconstructionists, or economists
Employment records: Documentation of lost wages or reduced earning capacity
Surveillance footage: Video from nearby businesses, traffic cameras, or dashcams

This evidence helps recreate what happened and proves the accident’s impact on your life.

How Do I Preserve Evidence After an Accident?

Preserving evidence starts as soon as possible after the incident. You can protect your claim by:

Taking photos or videos at the scene
Getting contact information for witnesses
Reporting the accident to the police or the property owner
Seeking medical attention immediately and following your treatment plan
Keeping a journal of your symptoms and recovery process
Saving all receipts and records related to your injury

Your attorney can also send preservation letters (also called spoliation letters) to prevent the defendant or third parties from destroying critical evidence.

What If I Don’t Have Photos or Video of the Accident?

You can still pursue a claim without visual evidence, but it may be more challenging.

In these cases, attorneys rely more heavily on:

Eyewitness accounts
Expert reconstructions
Medical documentation
Inferences drawn from available physical evidence

Insurance companies may challenge your version of events, so it’s important to gather as much supporting documentation as possible.

Yes. Social media posts can both help and hurt your case. For example:

A post showing the accident scene can support your timeline
A photo of you engaging in physical activity after the injury may be used to argue you aren’t as hurt as you claim

Avoid discussing your case online and adjust your privacy settings. Opposing attorneys often monitor claimants’ social media accounts.

How Do I Get Medical Records for My Case?

You have the legal right to request your medical records from any healthcare provider.

Your lawyer can also help obtain:

Emergency room records
Imaging reports (X-rays, MRIs, CT scans)
Physical therapy and rehabilitation notes
Doctor’s assessments and prognosis

These records document the extent of your injuries, your treatment progress, and your future medical needs—all of which affect the value of your case.

What Role Does Expert Testimony Play?

In complex or high-value cases, expert witnesses often play a central role. Experts can:

Reconstruct how a crash occurred
Explain the medical consequences of an injury
Estimate future treatment costs or lost earnings
Identify safety violations or industry standards

Their testimony can strengthen your claim, especially when the facts are disputed or technical.

What Happens If the Other Party Destroys Evidence?

Destroying or altering evidence is called spoliation and can lead to serious consequences.

If a defendant knowingly destroys relevant evidence:

The court may instruct the jury to assume the evidence was unfavorable to the defendant
The judge may impose sanctions
Your attorney may use the destruction of evidence to argue for higher compensation

Acting quickly can help prevent this from happening.

How Long Do I Have to File a Personal Injury Lawsuit in Louisiana?

Louisiana has one of the shortest statutes of limitations in the country. In most cases, you have two years from the date of the accident to file a lawsuit.

This includes:

Car accidents
Slip and fall cases
Dog bites
Medical malpractice

If you miss the deadline, your case will likely be dismissed. Preserving evidence early and contacting a lawyer right away is critical.

Contact Mansfield Melancon Car Accident and Personal Injury Lawyers for a Free Consultation

If you were injured in an accident in Baton Rouge, don’t wait to start gathering evidence. The legal team at Mansfield Melancon Car Accident and Personal Injury Lawyers has over 50 years of combined experience and has recovered tens of millions of dollars for injury victims across Louisiana.

We know what it takes to build a strong case and fight for the compensation you deserve.

Call today at (225) 263-4787 to schedule a free consultation and learn more about how we can help.