Suppose you were injured in an accident and filed a personal injury claim. In that case, you have the responsibility of proving by a preponderance of the evidence that the facts of the case are more likely than not, as you allege. While your testimony is one valuable component of meeting this threshold, objective evidence can help you meet this burden.
What Is Evidence?
Evidence is an item or information offered to make the existence of a fact more or less likely.
Evidence can take various forms, including:
- DNA
- Witness statements
- Testimony
- Documents
- Photographs
- Videos
- Voice recordings
- Physical evidence
Courts follow special rules to determine what evidence is relevant and admissible. They can also exclude evidence that violates these rules.
What Does Evidence Have to Prove in a Personal Injury Case?
Most personal injury cases are based on the legal theory of negligence.
This requires showing four legal elements:
- Duty of care – The duty of care is the legal obligation to act or refrain from acting in a certain way.
- Breach of duty – A breach of duty is some act or omission that violates the legal duty of care.
- Causation – Causation is the established direct link between the accident and the injuries. It connects the breach of duty and the accident.
- Damages – Damages are the economic and non-economic losses you suffered because of the accident, such as medical expenses and pain and suffering.
Let’s look at what this evidence would look like in a car accident case:
- Duty of care – You may establish the duty of care by pointing to specific traffic laws the at-fault driver was supposed to follow, such as speed limits or the distracted driving law.
- Breach of duty – Next, you would need to show what the at-fault driver did to violate their legal duty, such as speeding or driving while distracted.
- Causation – Evidence would need to show the link between the wrongful act, such as speeding or driving while distracted, and the accident, establishing the causal link.
- Damages – Medical bills, employment records that show lost wages, and property damage estimates can help establish your damages.
The evidence necessary varies by the type of accident. For example, in a slip and fall case, you might have proof of maintenance records and inspections that show the property owner knew about or should have known about dangerous conditions on the property.
Common Types of Evidence in Personal Injury Cases
An experienced attorney can review your case to determine the types of evidence that may be available to help prove your case.
Depending on the circumstances, this could include:
- Accident reports and police reports – Accident reports, police reports, and incident reports may summarize the accident and how it happened.
- Physical evidence – Skid marks, road debris, and conditions on the property may help indicate factors involved in the crash.
- Video footage – Traffic cameras, dash cams, or surveillance videos may have recorded the incident.
- Photos – Photos of the accident scene, your injuries, conditions on the property at the time of the accident, or the location of property damage may help paint a picture of how the accident occurred.
- Witness statements – Objective witness testimony can be compelling evidence. Witnesses can explain what they saw at the time of the accident or immediately before it.
- Maintenance records – Business records that show when a property or vehicle was inspected and maintained can help illuminate factors contributing to the accident.
- Black box data – Many modern vehicles contain black boxes that record critical evidence before a crash, such as speeds, braking, and the exact location of the vehicle at the time of impact.
- Medical records – Medical records may connect the accident and your injuries.
- Reports from expert witnesses – Accident reconstruction experts can use scientific data to demonstrate how the accident occurred. Medical experts can explain the long-term impact of injuries. Economic experts can explain how injuries can affect your long-term earning capacity.
Personal injury lawyers can help identify and gather strong evidence to prove your legal claim.
Experienced Personal Injury Lawyers Understand the Rules Concerning Evidence
The Illinois Rules of Evidence are an extensive set of rules regarding what type of evidence can be used in various types of cases, how evidence must be presented, when evidence is inadmissible, and how evidence is determined to be relevant. Experienced trial lawyers are familiar with these rules and can help identify, preserve, and gather crucial evidence in your case.
In federal cases, the Federal Rules of Evidence apply.
Contact a Personal Injury Attorney for Help Gathering Evidence
If you were injured in an accident and would like to learn more about the evidence that may help establish your case, a personal injury lawyer can help. They are experienced at gathering and preserving valuable evidence. Schedule a free case review today.