What Is Evidence?
Evidence refers to information, documents, and tangible items presented to prove a set of facts is more or less likely to be true. In a personal injury case, evidence is used to prove the elements of negligence to establish fault and liability for damages.
You must have sufficient evidence to prove duty, breach of duty, causation, and damages for a negligence claim. If you cannot prove each element by a preponderance of the evidence, the other party is not financially responsible for your injuries and losses.
Our Austin personal injury lawyers gather evidence during our initial consultation with you. In addition, we continue to gather evidence during an independent investigation of your claim and the discovery phase of a personal injury lawsuit.
The evidence used in your personal injury case depends on the facts and circumstances of your injury or accident. Also, if the case goes to court, the Texas Rules of Evidence and the Federal Rules of Evidence determine the evidence we can use in court.
Generally, we use physical evidence, documentary evidence, and testimony to prove the allegations of a personal injury lawsuit. Circumstantial evidence might also be used, but rarely is hearsay evidence admissible in a civil court case.
Examples of evidence used in personal injury cases include, but are not limited to:
You must prove that the other party caused your injuries. Medical records provide detailed reports explaining your injuries. In addition, we might employ medical experts to explain how the accident or incident could have led to the injuries you sustained.
Medical records also include medical bills. The cost of diagnosing injuries, treatment, and care is part of your economic damages claim. You can demand reimbursement for the total amount of your economic losses.
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Photographs and videos of the accident can help prove how the accident occurred. In addition, this evidence is often used to help prove that the other person caused the accident that resulted in your injury.
Also, photographs of your injuries throughout your recovery are used to help jurors understand the extent and severity of your injuries. Photographs are helpful when we need to help jurors understand the level of pain and suffering you experienced to maximize the value of non-economic damages.
In many cases, a personal injury claim might involve a “he said, she said” situation. The parties involved tell two different stories about how the accident or injury occurred.
Eyewitness testimony can clear up disputes regarding causation and fault. Jurors may view eyewitness testimony as more reliable, especially if the eyewitness is unrelated to either party. The eyewitness does not have a stake in the case’s outcome, so jurors often believe the eyewitness has no reason to lie about what happened.
An accident report is an official record containing details of the accident or incident. However, the statements and information in the accident report may or may not be admissible in court. Even so, the information can be valuable because it may lead the attorney to evidence that can be used in court.
Injured parties are often out of work while they recover. Additionally, some accident victims sustain permanent impairments that diminish earning potential and future lost wages.
You must have evidence proving how much money you lost from work because of the accident and injury. Evidence used to prove loss of income can include, but is not limited to:
If you sustain a permanent injury, we might hire a financial professional to calculate your future loss of income. The defense fights these claims because future lost income can total millions of dollars over a person’s lifetime.
Expert witnesses are used in personal injury cases to help prove how an accident occurred, the injuries’ severity, and the damages’ value. They may also testify to other matters, depending on the type of case and the issues involved.
The testimony and opinions of experts are given more weight because of the witness’s education, skills, experience, knowledge, and background. There are many types of expert witnesses, including:
Before a witness can be declared an “expert,” the attorney must introduce evidence of the person’s qualifications as an expert. Expert witnesses are used in all types of cases, including product liability claims, automobile accidents, premises liability cases, medical malpractice claims, and birth injuries.
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The strength of the evidence in your case significantly impacts your chances of receiving compensation. Our legal team diligently gathers evidence to build a strong case for fault and liability.
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