Personal Injury Evidence FAQ

To successfully prove a personal injury claim in California, you need evidence supporting each element of your case: the defendant's duty of care, their breach of that duty, causation connecting their conduct to your injuries, and the damages you suffered. Building a strong evidentiary foundation requires gathering multiple types of documentation.

Medical records are essential, documenting your injuries, the treatment you received, your prognosis, and the causal connection between the accident and your harm. Photographs preserve visual evidence of the accident scene, hazardous conditions, vehicle damage, property damage, and your visible injuries. Witness statements from anyone who observed the incident provide independent corroboration of your account. Official reports, such as police reports for traffic accidents or incident reports for premises injuries, offer contemporaneous documentation.

Documentation of economic losses includes medical bills, invoices, pay stubs showing lost wages, employer verification letters, and receipts for out-of-pocket expenses. Evidence supporting non-economic damages includes pain journals documenting your daily experience, testimony about how injuries affect your lifestyle, and mental health records if you've sought treatment for accident-related psychological impacts.

The California Evidence Code governs what's admissible in court, with relevance under Section 210 being the threshold requirement—evidence must have a tendency to prove or disprove a disputed fact. The more comprehensive and well-organized your evidence, the stronger your position in negotiations and at trial.

Under both federal and California law, you have the right to access your complete medical records. The Health Insurance Portability and Accountability Act (HIPAA) establishes federal rights, while California's Confidentiality of Medical Information Act (Civil Code Section 56 et seq.) provides additional state-level protections and access rights. Understanding this process is crucial for building your personal injury case.

To obtain your medical records, submit a written authorization to each healthcare provider from whom you received treatment. The authorization should specify the records you're requesting, authorize their release, identify who should receive the records, and be signed and dated. Most providers have their own authorization forms that comply with HIPAA requirements. California law requires providers to respond within 15 days for records maintained electronically or 30 days for paper records.

Providers may charge reasonable fees for copying medical records, but these are limited by California Health and Safety Code Section 123110. For paper records, providers can charge no more than $0.25 per page plus reasonable clerical costs. Electronic records have different fee structures. Request records from all providers who treated you: emergency rooms, hospitals, ambulance services, primary care physicians, specialists, physical therapists, chiropractors, imaging centers, laboratories, and mental health providers.

Ensure you obtain complete records including physician notes, nursing notes, diagnostic test results, imaging studies with radiologist interpretations, treatment plans, discharge summaries, and itemized billing records. Organize records chronologically and keep secure copies—these documents form the evidentiary foundation for proving your injuries and damages.

Photographic evidence is crucial for California personal injury claims because it preserves conditions at a specific moment in time—conditions that may change, be repaired, or disappear entirely before your case is resolved. Taking comprehensive photographs immediately after an accident, and continuing throughout your recovery, creates a visual record that can powerfully support your claim.

At the accident scene, photograph the overall location from multiple angles and distances to establish context. Capture any hazardous conditions that caused or contributed to your injury, such as wet floors, broken steps, uneven pavement, debris, inadequate lighting, or obscured signage. For vehicle accidents, photograph traffic signs and signals, skid marks, debris patterns, the final resting positions of vehicles, and damage to all vehicles involved from multiple angles. Document weather conditions, lighting, and visibility. Take wide shots and close-ups.

Document your injuries immediately and throughout your recovery process. Photograph bruises, cuts, abrasions, swelling, surgical incisions, stitches, and scarring. Take pictures of medical devices like casts, braces, slings, crutches, or wheelchairs. Photograph how injuries look right after the accident, then continue documenting their appearance over days and weeks—bruises change color, swelling subsides, and wounds heal, so capturing this progression shows the injury's severity and healing timeline.

Photograph damaged personal property, torn or bloody clothing, and any belongings affected by the accident. Include a reference object for scale where helpful, and ensure photos have timestamps or make contemporaneous notes about when each was taken. Under California Evidence Code Section 1400, photographs are admissible when properly authenticated by testimony that they accurately depict what they purport to show.

Witness statements can be critical evidence in California personal injury cases, particularly when liability is disputed or the defendant's account differs from yours. Independent eyewitnesses who have no stake in the outcome provide credible, third-party accounts of how the accident occurred, and their testimony can corroborate your version of events and refute the defendant's claims.

At the accident scene, make every effort to collect contact information from anyone who witnessed the incident. Get full names, phone numbers, email addresses, and physical addresses. If possible, ask witnesses to briefly describe what they saw while their memories are fresh—consider recording their statements on your phone with their permission. This preserves their initial recollections before memories fade or become influenced by subsequent information.

Witness credibility depends on several factors that judges and juries consider: the witness's vantage point and whether they had a clear view of the incident, whether they were paying attention when it happened, their relationship (or lack thereof) to the parties involved, consistency between their statement and other evidence, and their demeanor and reliability when testifying. California Evidence Code Sections 700-702 establish that witnesses must have personal knowledge of the matters they testify about and must be able to understand and communicate their observations.

Beyond eyewitnesses, expert witnesses provide specialized opinions on technical issues. Accident reconstruction experts, medical professionals, economists, and vocational specialists offer testimony under Evidence Code Section 801 about matters requiring expertise beyond common knowledge. Their opinions must be based on information reasonably relied upon by experts in their field. Written witness statements should be obtained as promptly as possible, as memories fade and witnesses can become difficult to locate months or years after an incident.

Exercise extreme caution before giving a recorded statement to any insurance company after a California accident. The answer depends on which insurance company is asking and under what circumstances, but the general rule is to be very careful about what you say and to whom you say it.

Regarding your own insurance company, your policy likely contains cooperation clauses requiring you to provide information and assist in the investigation of your claim. However, this doesn't necessarily mean you must give a recorded statement immediately or without preparation. Review your policy language carefully, and consider having an attorney present or advising you before providing detailed statements.

You have absolutely no legal obligation to provide a recorded statement to the at-fault party's insurance company. Insurance adjusters are trained professionals whose job is to minimize claim payouts. They ask questions designed to elicit responses that can be used to reduce your claim value or establish comparative fault on your part. Seemingly innocent questions about how you're feeling ("I'm doing okay"), what you were doing at the time of the accident, or your recollection of events can be twisted and used against you later.

Under California law, any statement you make can be used against you as a party admission under Evidence Code Section 1220—this means your own words can be introduced as evidence without the usual hearsay objections. Before giving any recorded statement, seriously consider consulting with a personal injury attorney who can advise you on what information you must provide, how to protect your interests, and whether to have representation during any statement. If you must give a statement, prepare thoroughly, stick to facts you clearly remember, avoid speculation, and don't admit fault or downplay your injuries.

A police report is an official document prepared by law enforcement officers who respond to an accident scene. While most commonly associated with vehicle collisions, police reports may also be generated for certain premises incidents, assaults, or other situations where law enforcement is called. Understanding what police reports contain and how to obtain them is important for your California personal injury case.

Police reports typically contain the reporting officer's observations of the scene, statements made by the parties involved and any witnesses, a diagram or description of how the accident occurred, information about weather, road, and lighting conditions at the time, any traffic citations issued, vehicle and driver information, and sometimes a preliminary assessment of fault. While the reports themselves are generally inadmissible as hearsay under California Evidence Code Section 1200, they contain valuable information that can guide your case investigation and help identify witnesses.

To obtain a California police report, contact the law enforcement agency that responded to your accident. For accidents on state highways, interstate freeways, or in unincorporated county areas, the California Highway Patrol (CHP) typically responds. For accidents within city limits, contact the local police department. Under California Vehicle Code Section 20012, these traffic collision reports are public records available for a reasonable fee, typically between $10 and $25 depending on the agency.

You can request reports online through many department websites, by mail with a written request and payment, or in person at the agency's records division. Reports are usually available within 10 business days of the incident. Having the report number (if issued at the scene), the date of the accident, and the location will help expedite your request. If you were transported from the scene by ambulance before police arrived, you may need to follow up to confirm a report was filed.

Documenting pain and suffering requires systematic, ongoing effort because these damages are inherently subjective—unlike medical bills or lost wages, they don't come with receipts. Creating a comprehensive record of how your injuries affect your daily life is essential for proving the full value of your non-economic damages in a California personal injury case.

Keep a daily pain journal from the day of your injury throughout your recovery. Record your pain levels using a consistent scale (such as 1-10), specific symptoms you experience (sharp pain, aching, numbness, tingling, stiffness), medications you take and whether they provide relief, activities you attempted but couldn't complete, sleep disruptions and their frequency, and emotional impacts like anxiety, depression, irritability, or fear. Be specific and consistent in your entries.

Document how your injuries affect your daily functioning. Can you cook meals, clean your home, do laundry, or perform other household tasks? Have you had to give up exercise, sports, hobbies, or recreational activities you previously enjoyed? How has your social life been affected? Are relationships with your spouse, children, or friends strained because of pain, immobility, or mood changes? These details paint a picture of how your injuries have diminished your quality of life.

Save all prescription records for pain medications, muscle relaxants, sleep aids, anti-anxiety medications, or antidepressants related to your injuries. If you seek mental health treatment for accident-related anxiety, depression, or PTSD, those records support emotional distress claims. Photograph visible injuries throughout recovery to show the healing process visually. Ask family members and close friends to document changes they've observed—their testimony as lay witnesses under California Evidence Code Section 800 can powerfully illustrate how your injuries have changed you and affected your life.

Proving lost wages and other economic damages in a California personal injury case requires comprehensive financial documentation that establishes both your pre-injury earnings and the specific losses you've incurred. Organized, thorough documentation strengthens your claim and helps ensure you recover full compensation for your economic losses.

For lost wages claims, gather pay stubs from the period before your accident showing your regular wages, hours worked, and any overtime, bonuses, or commissions. W-2 forms or 1099s from recent tax years establish your income history and earning pattern. Obtain a letter from your employer on company letterhead confirming your position, salary or hourly rate, typical hours worked, the time you missed due to your injury, and any wages, bonuses, or benefits lost. If you used sick leave, vacation time, or PTO during your recovery, document those used benefits—they have value even though you received pay. For self-employed individuals, provide tax returns, quarterly estimated tax payments, profit and loss statements, contracts showing lost business opportunities, and communications with clients about cancelled or delayed work.

For medical expenses, collect itemized bills from every healthcare provider—hospitals, physicians, specialists, physical therapists, chiropractors, imaging centers, laboratories, and pharmacies. Keep pharmacy receipts for all prescription and over-the-counter medications related to your injuries. Document medical equipment purchases (crutches, braces, wheelchairs) with receipts. Maintain a mileage log for trips to medical appointments, which is reimbursable at the IRS standard mileage rate. Obtain records showing health insurance payments and your remaining balances.

For property damage, get repair estimates or completed invoices from shops, documentation supporting replacement cost if items were totaled, and photos showing condition before and after. Keep every receipt for out-of-pocket expenses: hiring household help, childcare during recovery, home modifications for accessibility, and any other costs caused by your injuries.

Yes, social media posts can absolutely be used as evidence in California personal injury cases, and you should assume that insurance companies and defense attorneys will search your social media accounts. Understanding how social media evidence is used against injury claimants is essential for protecting your case.

Under California Evidence Code Section 1220, your own statements—including social media posts—are admissible as party admissions without the usual hearsay objections that would apply to out-of-court statements. This means photographs showing you engaged in physical activities, posts describing travel or social events, check-ins at locations, and comments suggesting you're feeling well can all be introduced as evidence to challenge your claimed injuries and damages. Even posts by friends and family that tag you or show you in photographs may be discoverable and usable.

California courts have broadly interpreted discovery rules to encompass social media content. The landmark case Moreno v. Hanford Sentinel, Inc. (2009) established that content shared on social media platforms carries reduced privacy expectations. During litigation, defendants can serve formal discovery requests under Code of Civil Procedure Section 2031.010 demanding production of your social media content, including posts, photographs, messages, and account information. Courts have compelled production of social media content when it's relevant to claims being made.

To protect your claim: review your privacy settings on all platforms and restrict access, avoid posting anything about your accident, injuries, treatment, or limitations, don't post photographs or videos of yourself engaged in physical activities, avoid complaining about or discussing your legal case, and critically, do not delete posts after your accident or after litigation begins—this could constitute spoliation of evidence and result in serious sanctions. The safest approach is to minimize or cease social media activity entirely while your case is pending.

Expert witnesses provide specialized knowledge, opinions, and testimony that help judges and juries understand complex technical or scientific issues in California personal injury cases. Unlike lay witnesses who can only testify about what they personally observed, experts can offer opinions based on their specialized training and experience. Their testimony often proves crucial in establishing liability, causation, and damages.

Under California Evidence Code Section 801, expert testimony is admissible when the subject matter is sufficiently beyond common experience that the expert's opinion would assist the trier of fact in understanding the evidence or determining a fact in issue. The expert must be qualified by special knowledge, skill, experience, training, or education under Evidence Code Section 720, and their opinions must be based on matter reasonably relied upon by experts in their particular field.

Medical experts are essential in most personal injury cases for explaining the nature and severity of injuries, the treatment required, the prognosis for recovery, future medical needs, and critically, whether the accident caused or aggravated certain conditions (causation). Accident reconstruction experts analyze physical evidence, vehicle damage, skid marks, and physics to determine how accidents occurred, vehicle speeds, points of impact, and fault allocation. Economic experts calculate lost earning capacity, project lifetime earnings losses, determine present value of future damages, and analyze the financial impact of injuries.

Vocational rehabilitation experts assess how injuries affect your ability to work, identify jobs you can and cannot perform, and project earning potential. Life care planners develop comprehensive projections of all future care needs and costs for catastrophic injuries. Biomechanical engineers explain how forces in an accident cause specific types of injuries. Opposing parties can challenge expert qualifications, methodology, or conclusions through cross-examination, motions to exclude testimony, and their own competing experts.