What Is Evidence In Personal Injury Cases

Evidence in personal injury trials is anything that tends to prove or disprove a fact in controversy within the context of proving liability, causation and damages.

Both sides in a personal injury case use evidence to prove and argue their case. Evidence can be lay testimony (non-expert testimony), expert testimony, documents, physical objects, diagrams and almost anything else you can imagine so long as the evidence is reliable and relevant. It will be your lawyer’s job to lay the proper foundation for the court so as to have the desired evidence admitted.

In personal injury cases, evidence usually includes photographs of the accident scene, diagrams, police report, medical records and x-rays, medical bills, and lost income documentation. Certain types of evidence are excluded under the law unless an exception exists to the general rule which allows the evidence to be admitted. Examples of evidence that are prohibited at trial is evidence that is deemed to be: Hearsay, Speculative, Irrelevant, Lacks Foundation, Presence or Lack of Insurance Coverage, Overly Prejudicial, Bad or Good Character Evidence and Insufficiently Probative.



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