Isenberg & Hewitt, PC | A Business And Personal Injury Law Firm | Since 1989
Isenberg & Hewitt, PC | A Business And Personal Injury Law Firm | Since 1989
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How do people gather evidence for injury claims caused by crime?

On Behalf of | Mar 14, 2023 | Victims Of Crimes

Obviously, when the state catches someone breaking the law, prosecution often follows. But, those who break the law might also find themselves facing claims in civil court.

Personal injury laws permit those who have been physically harmed by others to pursue civil lawsuits under certain circumstances. Causing injury during the commission of a crime is one kind of wrongful act that would provide grounds upon which to file a civil lawsuit against the aggressor.

Both individuals who have been directly harmed by crime and surviving family members of someone who has been killed in a criminal incident could potentially pursue compensation through the civil courts. What kind of evidence is useful for a civil claim based on criminal activity?

Official records

Court records, police reports and even medical records can be crucial pieces of evidence in a personal injury claim. Someone’s arrest and the police report attached to the incident could help support appointed allegations. Their prosecution in criminal court could also lead to valuable evidence that can play a role in establishing someone’s right to initiate civil proceedings.

Medical records can help establish the extent of someone’s injuries and also help reinforce the timeline for the situation. Court records might help show a pattern of bad behavior on the part of the defendant that could help the plaintiff convince the courts of intentional misconduct.

Witnesses and video footage

Often, the prosecution of an assailant or criminal will lead to a cache of evidence gathered by professionals. Witness statements gathered by the police, surveillance footage played in criminal court and physical evidence gathered at the scene of the crime could all help conclusively connect the other party to the incident and establish their misconduct for the purposes of a civil claim.

Even if there wasn’t enough evidence for the state to press charges or a prosecutor to secure a conviction, there may be sufficient evidence to pursue justice in the civil courts. A lawyer can help someone obtain the video footage, witness statements and other forms of evidence necessary to develop their claim.

Those who are feeling overwhelmed at the prospect of gathering evidence and filing a claim in court will typically benefit from having legal representation during the process. Discussing the criminal activity that affected a family with a legal professional can help families to pursue justice as efficiently and effectively as circumstances allow.


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