Injury claims are common in civil lawsuits, and plaintiffs must prove their claims by a preponderance of the evidence. The exact evidence a plaintiff needs depends on their unique circumstances, but certain forms of evidence are more common than others.
While evidence may include almost anything that is relevant to your claims and tends to support them, it often includes witness testimony, videos, photographs, and records. We may obtain much evidence through the discovery phase of the case, and we can conduct our own investigation to find additional evidence. The proof we need will likely depend on the nature of your claims and injuries, the circumstances of your accident, and the identity of the defendant.
Call the Schoenfeld Law Firm at (504) 688-7760 to start your case with a free legal review from our Lafayette, LA personal injury attorneys.
What Evidence Can Help You Prove Your Injury Claims?
While evidence may be unique in each case, certain forms of evidence are more common than others.
Witness Testimony
You may greatly strengthen your claims with testimony from witnesses who can back up your version of events in court.
Witnesses may testify only about personal, firsthand knowledge. Eyewitnesses who were present when you were injured may testify about what they saw. Other witnesses might not have been present at the accident but still have other personal knowledge relevant to the case.
Photographs
People often take photos of accident scenes and their injuries to provide proof to insurance companies of their claims. These photos may also be used as evidence in a courtroom.
Your photos may be especially important if the accident scene was cleared away before we could investigate it for evidence.
Videos
Video footage of the accident may be very powerful evidence in an injury case. Security camera footage showing how the accident happened, and personal videos recorded using cell phones or other devices, may be entered into evidence. Your lawyer should help you locate and obtain video footage before it is deleted.
Medical Records
When suing for physical injuries, we need proof of their extent and severity. After being injured, you should always seek urgent medical care. Not only can doctors provide you with the care you need, but they must also compile accurate medical records about your injuries and treatment.
These medical records can help us establish the exact nature of your injuries, including a formal diagnosis and prognosis.
Forensic Evidence
Some cases involve forensic evidence, which is analyzed using scientific methods. DNA, fragments of clothing, fingerprints, and digital information are just a few common examples of forensic evidence.
The opposing party may have forensic evidence scientifically analyzed, and we can do the same. Such evidence can be difficult to refute, especially if the science behind it is accurate and widely accepted in relevant fields.
How Do You Gather Evidence for a Louisiana Injury Case?
How we gather evidence largely depends on what kind of evidence we are looking for.
Your Own Investigation
Our New Orleans, LA personal injury attorneys may review the details of your accident and injury and use these details to find evidence. We can return to the scene of the accident, speak to potential witnesses, and help you request copies of medical records from hospitals and doctors’ offices.
Discovery Phase
The discovery phase is a mandatory part of a lawsuit in which each party exchanges relevant evidence and information with the other. Often, this is how injured plaintiffs obtain evidence that defendants control.
For example, if you were injured on the defendant’s property, they may have private security cameras that recorded everything. We can request copies of this footage during the discovery phase, and the defendant must comply.
If we believe they have more evidence that they have not disclosed, we can ask the court to compel production.
Determining What Kind of Evidence You Need in an Injury Case
Before we begin searching for evidence, we need to review the facts of your injury case to determine what evidence may be useful and whether it is even available.
Nature of the Accident
Evidence will vary based on how you were injured. For example, a car accident is very different from a product liability case, and evidence will also differ.
Were you hurt on someone else’s property? If so, they may have private security camera videos of the accident. If you were injured in a store or business, we may need copies of records about property care and maintenance.
Who is the Defendant?
Evidence also varies based on who the defendant is. When suing a business, various business records may be relevant, and we can request them during the discovery phase. If you are suing one person, we may need evidence about their specific involvement in the accident, usually something that establishes negligence. When suing multiple people, we need that same evidence for each defendant, making the hunt for evidence more challenging.
What Are Your Damages?
We must prove damages before you are awarded compensation. While medical records can help us establish damages related to physical injuries, you might have incurred other losses and damages that require different evidence.
If you claim the cost of property damage in an accident, we need proof of costs. Bills or receipts from property repairs may be important. If you claim damages for lost income because your injuries prevent you from working, records about your income and the length of time you are unable to work may be necessary.
What Evidence Cannot Be Used in a Louisiana Injury Lawsuit?
Evidence may not be admissible in court if it does not comply with the Louisiana Rules of Evidence. Evidence based on second-hand information (i.e., hearsay), evidence that is overly prejudicial against a party, or evidence that is not relevant to the case are common examples of inadmissible evidence.
How to Object to Evidence in an Injury Lawsuit
The opposing party in your injury case may present their own evidence, and your attorney may object to the evidence if it does not comply with the Louisiana Rules of Evidence. They can also object if the evidence was not made available during discovery or if it was obtained illegally.
How Much Evidence Do You Need in an Injury Case?
Plaintiffs must be able to prove their injury claims by a “preponderance of the evidence.” Put another way, we must prove it is more likely than not that the defendant is liable for your injuries. Exactly how much evidence we need will depend on your specific claims and circumstances.
What if Important Evidence is Unavailable?
Evidence is not guaranteed in any case, and we must have a backup plan if we learn that crucial evidence is unavailable. If we learn the opposing party eliminated crucial evidence, we can ask the court to impose penalties.
Call Our Louisiana Personal Injury Attorneys for Help with Your Case
Call the Schoenfeld Law Firm at (504) 688-7760 to start your case with a free legal review from our Thibodaux, LA personal injury attorneys.
