Types Of Evidence For Personal Injury Claims

Explore:  Bodily Injury Evidence

Unlike in a criminal trial, where a jury may only convict the defendant if they are convinced of his or her guilt beyond a reasonable doubt, in civil matters the standard is somewhat lower. The jury must only be convinced by a preponderance of the evidence — that is, weighing the entire body of evidence suggests the defendant is more likely than not liable for causing the injury in question.

That means diligent collection and presentation of evidence can be the key to prevailing in your personal injury lawsuit. In January 2013, the Georgia rules of evidence were changed to allow the admission of what is known as hearsay evidence — unsubstantiated statements such as rumor and interpretation of relevant comments and actions by parties not testifying in court. Historically, this type of testimony has not been allowed due to the subjective or questionable nature of these statements. However, judges still have discretion over whether to allow such statements into evidence if a party objects to their admission.

Other examples of effective evidence:

  • Photos or videos of the scene of the accident
  • Dashboard videos of the moments preceding a car crash
  • A police report
  • Accident recreations
  • Medical bills
  • Written opinions and testimony of doctors and other medical professionals
  • Expert testimony
  • Witness statements, especially eyewitness statements
  • Physical artifacts such as damaged equipment
  • Prior pay stubs to quantify lost wages
  • Documentation of other expenses arising from your injury

Under a new law effective in January 2013, evidence defined as hearsay evidence includes:

  • Your own written statements immediately following the accident
  • Research or other data defining what would have constituted reasonable care in the particular circumstances of your case

Posted in Personal Injury

Tagged evidence permissible in court, hearsay evidence, personal injury lawsuits

Topics:  Bodily Injury, Evidence

Published In: Civil Procedure Updates, Personal Injury Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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