4 Types Of Evidence To Use In A Personal Injury Case
Litigation, or suing someone else for personal injury, is an attempt to resolve, once and for all, a debt of obligation. A personal injury case means the negligence of another harmed someone, but that responsible party disagrees and refuses to provide compensation. The matter then goes to court. If the victim is right, the responsible parties are now legally required to provide compensation.
But winning a case in court means going to trial, with a jury, and convincing that jury that a victim’s argument is right. This is typically done by presenting evidence. Four types of evidence can be crucial to winning a case.
A jury awards a litigation lawsuit to a victim—or plaintiff—if they are convinced that the victim is getting what is deserved. The only way to understand this, however, is to know the extent of the injuries. This is where medical evidence and expertise comes in.
A medical report is necessary for a jury to understand the actual consequences of an injury. Someone limping to a stand, or in a wheelchair, for example, doesn’t convey the true scope of how an injury was sustained or what its possible recover—or permanent effects—may be. Medical reports and expertise are required for this.
Photos & Video
Photographic evidence has always been important in any case, but with the proliferation of smartphones equipped to take photos and shoot video, the role of this evidence has grown. Photographic evidence or video taken at the scene of an accident is usually regarded as “rock solid” proof.
In some cases, video, such as those recorded by “dashboard cameras” may even document how an accident occurred and who is at fault. As such, the presence of photo or video evidence submitted to the court always makes a strong impression on a jury.
Evidence At The Scene
This can be actual physical evidence, or it can be inferred from photographs or reports. Investigators are usually required to collect, analyze, and document evidence at the scene of an accident. Still, it must be done quickly in the case of accidents that occur outdoors, since weather can quickly erase traces of this evidence.
Evidence at an accident can be any number of things, from tire marks on the road indicating the speed and direction of a vehicle to weather reports at the time indicating whether rain really may have been a factor in affecting the traction of the asphalt. It can even be the report of mechanics looking at the extent of damage to a vehicle after being assessed. In some cases, the evidence may be indisputable, such as a police officer administering a breathalyzer test to one of the drivers that comes up positive, indicating driving while under the influence. The important thing is, these are indisputable facts that can be used to bolster a case.
These used to be indispensable, and they are still valuable in a court case, but the role of the eyewitness has been diminished somewhat in cases where photographic or video evidence documenting an incident may be present. In cases where no preserved images exist, however, witnesses can still be crucial.
While it’s true that human memory is not perfect, the “broad strokes” are often accurately remembered. It is often still a more reliable barometer for getting to the truth when an incident boils down to one person’s word against another. The objectivity of a third-party witness with no stake in the outcome often makes for the most accurate recollection of an event when recording devices aren’t present.