Evidence is crucial in a personal injury case. It proves who was at fault for the accident and the extent of your injuries. Without strong evidence, it’s difficult to hold the other party accountable or receive fair compensation for your losses. If you were injured due to someone else’s negligence, gathering the right evidence can make a big difference in your case.
What Is Considered Evidence?
In personal injury law, evidence refers to any material that helps establish the facts of a case. Evidence must be reliable and legally admissible to be used in court.
There are two main types of evidence:
- Direct evidence: This directly proves a fact. For example, a video recording showing the accident happening is direct evidence.
- Circumstantial evidence: This implies a fact but does not directly prove it. It requires using reasoning and making an inference. For example, skid marks on the road might suggest that a driver was speeding before a crash.
Hearsay is secondhand information that a witness heard from someone else. Hearsay is generally not allowed in court, but there are some exceptions.
The plaintiff has the burden of proof in a personal injury case. In North Carolina, you must prove your case by a preponderance of the evidence. This means presenting evidence that shows your claim is more likely true than not.
North Carolina Rules of Evidence
Evidence must meet legal standards to be used in court. Judges decide whether certain evidence is admissible based on the North Carolina Rules of Evidence. These rules determine what evidence can be used in court.
Some key rules include:
- Evidence must be relevant to the case
- Hearsay is generally not allowed unless an exception applies
- Expert testimony must come from a qualified professional
- Documents must be authentic and properly introduced
Understanding these rules is important to ensure your evidence is valid in court. A personal injury lawyer in Charlotte, NC, can help make sure the right evidence is collected and presented properly.
Examples of Evidence in a Personal Injury Case
Different types of evidence can help prove liability and damages in a personal injury case. Below are some of the most common examples.
Witness Testimony
People who saw the accident happen can provide statements about what they observed. After a car accident, this can include passengers, bystanders, and other drivers, for instance. Witness testimony can help confirm details about the accident and how it happened.
Expert Testimony
Experts can provide specialized knowledge to support your case. Your lawyer may turn to many types of specialists such as:
- Accident reconstruction experts who analyze how a crash happened
- Medical experts who can explain the severity of your injuries
- Economists who calculate diminished earning capacity and future financial losses
Expert opinions can strengthen your claim and help explain complex issues to a judge or jury.
Medical Records
Your medical records provide proof of your injuries and expenses. Medical records can include:
- Emergency room reports
- Physician notes
- Results of diagnostic tests including X-rays and MRIs
- Physical therapy records
- Prescription medications
- Medical bills
Medical records prove the injuries you suffered, the treatment you received, and your damages. They can also link your injuries to the accident.
Accident Reports
A police report or accident report is an official document that details what happened. It typically includes:
- Statements from drivers and witnesses
- Officer observations
- Diagrams of the accident scene
- Citations or violations issued
These reports are usually not admissible in court because they are considered hearsay. The responding police officer did not actually see the accident. However, they are important in the initial investigation of your accident and may be admissible in certain cases.
Receipts
Keeping track of all costs related to your injury is important. Receipts for expenses may include:
- Medical bills
- Prescription costs
- Transportation to medical appointments
- Home modifications, such as installing a wheelchair ramp
- In-home care or physical therapy costs
These receipts help prove the financial impact of your injury.
Video and Photos
Photos and videos can provide compelling evidence. If possible, take pictures of the scene of your accident, property damage, and conditions that may have played a role. It’s also important to take pictures of your injuries during the healing process.
Surveillance footage or dashcam videos can also capture how the accident happened and provide direct evidence.
Material Objects
Physical evidence, such as a defective product or damaged car parts, can be used to show what caused the injury. For example:
- A faulty airbag that didn’t deploy
- A broken handrail in a slip-and-fall case
- A damaged seatbelt in a car accident
These objects can be analyzed by experts to support your claim.
Employment Records
If your injury affects your ability to work, employment records can show lost wages. These records may include:
- Pay stub
- Work schedules
- Tax returns
- Employer statements
If you are unable to return to work or need to change careers, employment records can help calculate future lost earnings.
Maintenance Logs
Maintenance logs can be critical in certain cases. For instance, trucking companies are required to keep maintenance and inspection records. Maintenance logs can be important in a truck accident case. In a slip and fall case, property maintenance logs may be valuable.
Personal Journal
A daily journal documenting your injuries and recovery process can be valuable evidence. You can record:
- Your level of pain each day
- How your injuries affect daily activities
- Emotional distress or mental health struggles
- Your progress in physical therapy
A personal journal provides a first-hand account of your suffering, which can help prove pain and suffering damages.
Contact a Charlotte Personal Injury Lawyer Today
The strength of your personal injury case depends on the quality of the evidence. Strong evidence can prove the other party was at fault, show the severity of your injuries, and support your claim. It will also be used by your lawyer to negotiate a fair settlement.
An experienced personal injury lawyer can help gather, preserve, and present the right evidence for your case. Call Chandler Volta Personal Injury Lawyers at (704) 980-9999 or contact us online for a free consultation to get started with your case.