In a personal injury case, evidence refers to any information or material that establishes the facts of the case, including the extent of the injury, how the injury occurred, and the responsible party’s liability.
Why Do I Need Evidence in My Personal Injury Case?
In general, with personal injury claims, you must prove the following four elements of negligence: (1) the defendant owed you a duty of care; (2) the defendant breached this duty of care (i.e., they did not act in a reasonable manner); (3) you were injured because the defendant breached their duty of care; and (4) you suffered damages as a result of your injuries.
In most civil cases, a preponderance of the evidence standard is followed. Both sides present evidence, and the side with stronger evidence wins. You don’t have to prove your case “beyond a reasonable doubt,” a stricter standard applied in criminal cases. Instead, you must show that your claim is more likely true than not.
What are the Different Types of Evidence?
There are several types of evidence in personal injury cases:
- Physical Evidence: This includes documents like doctor’s notes and photos of the accident scene or your injuries. It also includes items related to the incident, like a faulty product or damaged property.
- Medical Records: Hospital bills, therapy records, and test results can provide proof of your injury and its effects.
- Witness Testimony: This includes eyewitnesses who saw the accident or events leading up to it and who can testify about what they saw. This also includes expert witnesses like medical professionals or accident reconstruction specialists. They can explain the severity of your injuries and how the incident happened.
- Police Reports: These reports document what occurred, who was involved, and any citations that were issued.
- Surveillance Footage: Footage from security cameras, traffic cams, or cell phones can show what happened during the accident.
- Employment Records: If the injury led to missed work or affected the plaintiff’s ability to earn a living, records demonstrating lost wages or limited job duties can be used as evidence.
- Correspondence: Any letters, emails, or messages between the injured party and the defendant or insurance companies related to the injury or claim may be used.
This evidence can help build a strong case by demonstrating the other party’s liability and the extent of your injuries. Effective use of evidence can significantly influence the outcome of a personal injury case.
How Is Evidence Used?
There are extensive rules that must be followed when it comes to evidence. Before a piece of evidence can be presented, it must be “admissible,” meaning it meets specific legal criteria. For state cases, the Alabama Rules of Evidence apply. These rules govern what type of evidence can be submitted, when you must provide notice to the other side about using it, how you present it, and the specific method you must use to introduce it in court.
A personal injury lawyer’s role is indispensable when it comes to gathering and presenting evidence effectively in your case. Our attorneys understand which pieces of evidence will have the most impact, how to find and obtain appropriate evidence, and the most strategic way to introduce them during negotiations or at trial.
How Can I Find Out About the Other Party’s Evidence?
Before you ever get to court, you and the other side may exchange relevant evidence with each other. Through the discovery process, the following tools are available to help you gather evidence under the other party’s control:
- Depositions allow each side to question witnesses under oath.
- Interrogatories are written questions from the other side.
- A Request for Production is a request to access physical evidence and documents held by the other party.
- A Request for Admission is used to establish the facts or documents that all parties agree upon for the purposes of the case.
The pretrial discovery process lets you access evidence held by the other party.
Contact Our Birmingham Personal Injury Lawyers for a Free Consultation
A personal injury lawyer will take care of all the steps involved. They ensure that filing deadlines are met and that evidence meets the necessary standards. Our skilled attorneys will communicate with insurance companies on your behalf. They will fight to get you the highest compensation possible.
Every personal injury case has its own details, so it’s difficult to make generalizations about yours. The best way to fully understand your rights is to consult a lawyer to fully evaluate your case.
It’s completely understandable if you are uncertain what to do in the days and weeks after an accident. Let Belt, Bruner & Barnett Personal Injury Lawyers work with you during this challenging time. Reach out today for a free consultation at 205-933-1500 to talk through your options with a Birmingham personal injury lawyer.