Types of Evidence to Present in a Personal Injury Case



When an injury victim takes their case to trial in the hopes of winning compensation for their injuries, it is important to know what types of evidence are the most relevant. Working with a lawyer to present the best possible proof of the opposing party's negligence is crucial for a successful case.

The Pertinent Physical Evidence

When harmed in an incident of any kind, there is often certain physical evidence of the altercation. These items may range from a weapon used to another tangible object the courtroom may observe. Other pieces of evidence exist in clothing, equipment, tools, vehicles and even weather patterns understood through meteorological events. If the person suffering from the injury faced an accident on the road, evidence may provide the courtroom with insight into a crash or a hit and run. These types of evidence are often the most helpful in less difficult cases when determining who is at fault and what caused the injuries.

Scene or Accident Evidence

When a person suffers from additional factors such as weather, other vehicles on the road, defect parts or even tripping over debris or items on the ground, these pieces of evidence are generally left at or are part of the scene. When an accident takes place, the evidence is often within the scene location or part of the accident itself. These may exist in skid marks on the road from attempting to avert another car, broken glass from a window or even the weather increasing the danger of the moment such as a tornado or hurricane. Photo evidence of these items is important to better explain the matter to the judge or jury.

Documents for the Injury

Most evidence that supports a personal injury case exists in documentation. These items may include records such as medical data and important forms for insurance. Others exist in bills, incident reports and statements. One signed by the injured party may give the courtroom and understanding of a policy that should provide a settlement for the damage. Others affect the victim through a loss of wages and exist in the form of pay stubs. Receipts and paperwork about repairs may explain the issue to the judge or jury as well. With professionals involved, the case may increase in strength such as when a police report or hospital bill is evidence.

Witnesses Providing Testimony

It is possible to increase the awareness of the courtroom about the injuries and incident through a witness at the scene. Many of these individuals are observers at the scene or that took part in the accident such as a car crash. Others are family members or friends that may give the courtroom details about what happened. Statements from these witnesses are important pieces of evidence used against the defendant when seeking compensation. Others are on paper while some have a recording. Almost anyone that has a connection to the case through a presence at the scene of the accident or crime may help through testimony.

Photos and Video

Media that exists at the scene of the personal injury incident is often of the greatest strength against the defendant. By showing the judge or jury the photographic images of the other party causing the problem or engaging in malicious activity, it is less difficult to achieve success. Video has similar effects. Through a street camera, dash cam or other video surveillance equipment, the individual may demonstrate to the court that the defendant is responsible for the injuries. The company or building may have security cameras that record and store the media as files in a computer or on a backup device.

Preserving Evidence

Once the plaintiff has the necessary evidence to provide to the lawyer or for the courts, he or she may need to take certain steps to preserve the evidence. Photos and video may require a backup such as a jump or flash drive. Physical evidence may need to remain in a location away from tampering. Witnesses may need statements taken quickly and with someone to help with recalling memories. The plaintiff should collect other items immediately.

Legal Support for a Personal Injury Claim

To present the case and ensure the jury or judge knows all necessary details about the incident, the plaintiff should hire a lawyer. The legal professional will assist throughout the claim and protect the rights of the plaintiff to seek the most reasonable and fair compensation.


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Disclaimer: Every effort has been made to ensure the accuracy of this publication at the time it was written. It is not intended to provide legal advice or suggest a guaranteed outcome as individual situations will differ and the law may have changed since publication. Readers considering legal action should consult with an experienced lawyer to understand current laws and.how they may affect a case.

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