Memphis residents injured in an accident caused by someone else may be curious about the evidence they need to prove their case. Evidence plays a crucial role in the outcome of a personal injury trial. The proper physical evidence can make or break your case.
Proving a Case
Many personal injury claims are based on negligence. That means the plaintiff needs to show that the other party was negligent, or careless, in their actions. To prove that someone was negligent, the plaintiff (the person filing the lawsuit) must show that the defendant had a duty to the plaintiff. They breached that duty in some way, and that breach caused the plaintiff harm that resulted in loss. The evidence in a personal injury case based on negligence must prove all those elements.
Not all personal injury cases are based on negligence. Your attorney can advise you about which type of civil case you have.
Common types of personal injury claims include:
- Auto accidents
- Slip-and-falls (Premises liability)
- Product liability
- Wrongful Death
- Medical Malpractice
These types of injuries are different, and different kinds of evidence are required for each type of case. The necessary evidence in a medical malpractice case looks different from that in an auto accident case. However, a skilled attorney with Gatti, Keltner, Bienvenu & Montesi, PLC can gather the necessary evidence to prove your case.
What Is Evidence?
According to Tennessee Rules of Court, Evidence is any information or material that can help prove your claim. Documents, audio and video recordings, pieces of broken vehicle, medical records, and expert witness statements can all be evidence. Evidence supports your case by showing how the accident happened, who was at fault, and the extent of your injuries. It can be challenging to convince a judge or jury that you deserve compensation for your injuries without solid evidence.
Before you meet with your attorney, you should gather whatever evidence you include and have to bring to an initial meeting. The evidence will allow your attorney to assess the case effectively. Because time is of the essence when gathering evidence, you should engage an attorney soon after your accident that occurred. They can take steps to preserve all available evidence.
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Types of Evidence
Types of evidence that may be used in your case include:
- Accident Reports and Police Reports — Accident reports and police officer reports are official documents that provide detailed information about the incident. These reports often include essential details such as the time, date, and location of the accident, as well as the names and contact information of the parties involved. Police reports are not admissible as evidence in court but can be used in an insurance claim. These reports may include witness statements and the officer’s observations about what happened.
- Medical Treatment Records — Medical treatment records are crucial in personal injury cases. They connect the injury to the accident and show the extent of the injuries.
- Witness Statements — Witness statements often support the accident victim’s account and can be used in court.
- Photos and Videos — Photos and videos can provide visual evidence of the accident scene, your injuries, and any property damage.
- Expert Testimony — Experts provide professional opinions on various aspects of the case. Experts can include medical professionals, accident reconstruction specialists, and economists. The court determines who is an expert based on the Tennessee Rules of Civil Procedure
- Pay stubs — Compensation may also cover loss of income, so proof of your salary may be helpful to your case.
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The Role of Your Attorney
An experienced personal injury attorney in Tennessee has the experience to gather and present critical evidence to prove a case. Attorneys can gather evidence in multiple ways.
- Investigate the Incident — An attorney can thoroughly investigate the incident to identify all responsible parties and gather evidence to support your claim. Investigations can include looking through police reports for car accident crashes, business records for large medical malpractice suits, or combing through black-box data for a truck accident case.
- Obtain Medical Records — An attorney can obtain your medical bills and records. Work with medical experts to determine how your injuries affect your life now and in the future.
- Interview Witnesses — The attorney can interview witnesses and obtain their statements.
Aside from gathering evidence, your attorney plays other important roles in your case:
- Negotiate with Insurance Companies — Attorneys negotiate skillfully and have experience dealing with insurance companies.
- Litigate Your Case — If necessary, an attorney can represent you in court.
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The Preponderance of Evidence Standard
The burden of proof is important in any injury claim. The plaintiff must prove their case by a preponderance of the evidence. That means the plaintiff and their lawyer must use evidence to show that it is more likely than not that the defendant’s actions caused their injuries. Consequently, “beyond a reasonable doubt” is the more stringent standard used in criminal cases. Even so, the “preponderance of evidence” standard still requires strong and convincing evidence to persuade a judge or jury.
In addition, the judge or jury will consider the evidence presented by both sides when deciding if the plaintiff proved their case. The judge or jury will then decide whether it is more likely than not that the defendant is responsible for the plaintiff’s harm or injury.
If the documentary evidence shows that it is more than 50% likely that the defendant is responsible for the plaintiff’s harm or injury, then the plaintiff has met the preponderance of evidence standard.
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Don’t know what evidence needed for personal injury claim? Evidence is the cornerstone of the case your lawyer will build to prove that you deserve compensation for your injuries. Consequently, gathering it quickly and using it effectively is necessary. Our attorneys are trained in personal injury law and can leverage evidence to your advantage. Take proactive steps to seek guidance and legal advice. The experienced Memphis personal injury lawyers of Gatti, Keltner, Bienvenu & Montesi, PLC are skilled personal injury advocates and will provide quality service if you or a loved one have been injured in Tennessee. Call the attorneys of Gatti, Keltner, Bienvenu & Montesi, PLC at (901) 526-2126 or contact us online to discuss your options and have a free consultation.