Evidence plays a critical role in personal injury cases. Whether you were injured in a car accident, a slip and fall, or another type of personal injury incident, you will need to present evidence to prove that you were harmed due to the defendant’s negligence and that you have sustained damages as a result.
What Is Evidence?
Cornell Law School defines evidence as “an item or information proffered to make the existence of a fact more or less probable.” In essence, evidence can help demonstrate that what you are claiming is true.
Why Do You Need Evidence?
After you are injured due to someone else’s negligence, you may be owed considerable compensation for the damages you’ve sustained. However, the legally responsible party is unlikely to admit that they owe you this money. They may lie or have a different version of events.
To avoid having a he-said/she-said case, evidence can help weigh the case more in your favor. This can also show that the defendant’s account is inaccurate and unreliable.
What Is the Burden of Proof?
The burden of proof is the standard you have to satisfy to win your case. In personal injury cases, you (as the plaintiff) have the burden to prove your case by a preponderance of the evidence.
This means that you must prove that it is more likely true than not that:
- The defendant owed you a duty of care.
- The defendant breached their duty of care.
- The defendant’s breach was the cause of the accident.
- You were injured as a result of the accident.
Your lawyer can help gather the necessary evidence to prove each of these essential legal elements.
Different Types of Evidence
Your attorney may use various types of evidence to help prove your case, such as:
Accident Reports
If you called the police after a car accident, you can use their formal accident report to show that the crash occurred and what factors may have contributed to it. If you slipped and fell in a store and reported the incident to management, they may have prepared a written report of the accident.
Videos
Traffic cameras, surveillance cameras, or even videos shot by bystanders may help piece together facts that contributed to the accident. Your lawyer may be able to request videos or issue subpoenas to obtain them.
Photos
You or someone else may have taken pictures of the accident scene, your injuries, and factors that contributed to the accident. These pictures can be valuable evidence as they provide an objective overview of how the accident occurred.
Digital Records
Today, many records are stored in computers and in the cloud, such as:
- Cell phone records
- Event data recorders’ information
- Electronic logging device data
- Data from GPS devices
This evidence can be crucial, but your lawyer must obtain it and use it in accordance with the law.
Business Records
Business records can help show what a business did or didn’t do, as well as the actions of its employees.
Some examples of business records that could apply in a trucking accident case could include the following:
- Hiring records
- Personnel records
- Background checks
- Drug and alcohol testing records (or the lack thereof)
- Inspection records
- Maintenance records
- Bills of lading
Knowing of the existence of these records is the first critical step when handling a complex personal injury case.
Medical Records
Medical records can help connect the accident and your injuries, as well as show the full extent of your injuries. For example, if you were bitten by a dog, your medical records may show how deep your wounds are, your need for surgery, and your psychological trauma caused by the event.
Witness Statements and Testimony
If anyone observed the accident, their statement may go a long way in resolving your insurance claim. While the insurance company may initially try to support their insured’s account to minimize liability, an objective statement from a witness who has nothing to gain by being untruthful can help tilt the situation in your favor.
Sometimes, expert witnesses may be called to testify when complicated facts are involved. They can help explain complex science, engineering, or medical concepts to lay jurors. Accident reconstruction experts can create visual representations of how the accident likely occurred, which can be illuminating.
How a Lawyer Can Help with Evidence
Experienced personal injury attorneys can help with all matters related to evidence, including:
- Identifying and collecting relevant evidence
- Sending spoliation of evidence letters to preserve valuable evidence so it is not lost or destroyed
- Funneling certain evidence to the insurance company or in mediation to prove your case, without showing all the evidence at your disposal
- Requesting additional evidence during the discovery process
- Admitting evidence in court, according to the rules of evidence
- Challenging the defendant’s evidence
Evidence collection and presentation are crucial elements in many cases, so it’s best to work with a lawyer who is experienced in handling these tasks.
Contact Our Middletown Personal Injury Attorneys at Rolo Personal Injury Lawyers for a Free Consultation
Every personal injury case is different. Therefore, the type of evidence that might be used will vary from one case to the next. Rolo Personal Injury Lawyers has extensive experience handling various forms of evidence and recovering maximum compensation for clients. Call our Middletown personal injury attorneys at 845-383-7790 for a free consultation to discuss your case.
Visit Our Personal Injury Law Office in Middletown, NY
Rolo Personal Injury Lawyers
265 NY-211 Suite 106B, Middletown, NY 10940
(845) 383-7790
