When you are considering filing a personal injury case against someone, it is important not only to prove injuries and damages, but to make sure you have evidence to support your claims. Several types of evidence can be utilized when establishing your case including witness testimony, expert statements, medical records, and demonstrable evidence.
Types Of Evidence:
This is evidence such as objects, photographs, models, displays, surveillance footage, or other items that can be used in trial or in a hearing to support the claims you are asserting in your case. Photographs and videos, when available are very important in establishing your case. If you are in an accident, taking photographs of the damage, or the surrounding area can be helpful to offer as proof at trial.
If someone witnessed an accident, which caused your injuries, the testimony of those that witnessed it, could be helpful in establishing your case.
Experts can be helpful at trial in several ways. Expert witness testimony must be relevant and reliable. Expert witnesses is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or determine a fact in issue. Tex. R. Evid. 702.
For example, if the cause of an accident you are involved in is disputed, you can hire an accident reconstructionist. Accident reconstructionist will perform an investigation, reconstruct the accident, provide a report, and testify in court to establish the likely cause of an accident.
Depositions are extremely helpful while preparing for a case. Depositions occur during the discovery phase of your case. Oral depositions are taken before trial, are under oath, and recorded. During depositions, an attorney questions the party or witness about the in order to gather additional information needed to prepare for trial.
How Is This Evidence Utilized?
If you are considering bringing a personal injury action against a defendant, you must use evidence and testimony to establish the elements by a preponderance of the evidence. You must establish your case by clear and convincing evidence if you are asking the court to award you exemplary damages. This requires proof of malice, gross negligence, or fraud.
Elements Of Personal Injury Case
1. The defendant owed a duty to the plaintiff
2. The defendant breached their duty by acting or failing to act
3. The defendant’s conduct caused the plaintiff’s injuries
4. The plaintiff incurred damages
How do you prove these elements?
The more evidence you have to establish these elements, the better for your case. For example, if you were injured in a car accident, then you would want to use medical bills, x-rays, MRI’s, etc. to prove that you sustained physical injuries that required medical attention. If considering bringing a personal injury case against someone, it is imperative that you talk to an attorney as soon as possible. Please contact one of our qualified attorneys if you are seeking assistance on your case.