What is Evidence?
If you file a claim in court for any kind of personal injury, the court will base its decision on the evidence to determine whether or not you are correct. Evidence is a generic term that can refer to almost any type of information or object that may be pertinent to the details of the case. This is because evidence is a broad term.
The testimony of a witness who was present at the scene of a car accident counts as evidence, as do shards of metal that were surgically removed from the patient in a case involving a defective medical device.
What Can Be Used as Evidence, and What Cannot Be?
Evidence law in the United States is governed differently by each of the 50 states. There are also regulations at the federal level. In spite of the fact that they can differ significantly depending on relatively insignificant particulars, the majority of evidence rules are, in general, quite comparable.
Relevance is the primary consideration when determining whether something qualifies as evidence. A judge should suppress evidence or throw out evidence that is unrelated to the case. Evidence may be directly relevant, such as a whiplash diagnosis in a car accident case, or it may be only marginally relevant, such as a neighbor’s testimony that you haven’t been using your neck brace.
An opinion is one type of evidence that is rarely accepted. This is a challenging issue in many situations because witnesses can offer insightful testimony but can also err by expressing unfounded opinions.
For instance, it is an observation, not an opinion, if a witness claims to have seen you cradling your neck and wailing after the auto accident. However, if they claim that you have the appearance of someone who would lie, that assertion is purely subjective and shouldn’t be accepted.
What Kinds of Evidence Are Most Frequently Used?
Almost anything can be admitted as evidence, but the following are some of the most typical types used in civil lawsuits:
Physical Evidence: Objects, such as forceps, that were left in someone during surgery and had to be later removed by a second surgery.
Demonstrative Evidence: Photos, videos, and audio recordings are common forms that can be utilized to present demonstrative evidence. It provides a clear and convincing illustration of the events that took place, such as a video of the car accident or photographs of the bite marks in the event of a dog attack.
Documentary and Digital Evidence: Evidence can be accepted in either its physical or digital form, provided that the document in question is relevant to the case at hand. One example would be a police report.
Witness Testimony: Those individuals who were present at the time of the collision and saw what took place may be subpoenaed or requested to testify about what they saw.
Expert Testimony: Trials involving personal injuries typically involve the use of expert witnesses, who are qualified individuals who are able to impart the legal, scientific, or medical information necessary for juries to comprehend the issues at hand.
Contact the Personal Injury Lawyers at The Brown Firm
It is dependent on the particulars of your claim as to which pieces of evidence are going to be the most pertinent to your case. A skilled attorney will work with you to compile the most compelling evidence in preparation for your case and may even be able to negotiate a favorable settlement on your behalf so that you don’t have to go to court.
Make sure you contact an attorney for help gathering evidence after you’re injured in an accident that wasn’t your fault. If you try to handle your case on your own, you run the risk of being offered a very low settlement amount. You only have one opportunity to receive the compensation you deserve for your losses, so make sure not to waste that chance.
If you have been injured, the experienced personal injury attorneys at The Brown Firm offer free consultations to accident victims in Georgia and South Carolina. Call 800-529-1441 to speak with our personal injury team today!
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