Evidence

Texas is a fault-based state for most personal injury claims. You must prove the other party caused your injuries to hold them liable for your injuries, financial losses, and suffering.

Most personal injury cases are based on negligence, which occurs when someone is injured and suffers damages. To establish liability, you must have evidence proving the elements of negligence.

Evidence in a Texas Personal Injury Case

Evidence includes documentation, testimony, physical objects, and information that supports an assertion of fact. If a party objects to the admission of evidence, the judge must decide whether to allow the evidence. The Federal Rules of Evidence and the Texas Rules of Evidence determine what evidence is admissible in court.

In a personal injury case, evidence must prove that it is more likely than not that the allegations made by the injured party are true. Jurors ultimately decide what evidence to believe and whether the evidence is sufficient to prove each legal element of the claim.

Examples of evidence in a personal injury case include:

Medical Records

Prompt medical treatment is essential after an accident to document your injuries. You need medical records to prove the types of injuries you sustained and the severity of those injuries. In some cases, medical specialists may be used to explain how the accident could cause the types of injuries you sustained.

Medical experts can also explain the severity of injuries and how they impact daily life. This evidence can support claims for economic and non-economic damages.

Eyewitness Testimony

People who witnessed the accident or incident can provide testimony to help resolve disputes regarding what happened. In many cases, opposing parties have different versions of what happened. Jurors often give more weight to eyewitness testimony to help resolve disputes regarding causation and fault.

Photographs and Videos

Capturing the accident scene in pictures and video can help prove what happened. It is difficult to dispute what you can see for yourself. For example, a traffic video of a car running a red light is compelling evidence of who caused the car crash.

Photographs of injuries captured throughout the victim’s recovery are also helpful evidence. The victims and their doctors can describe the injuries, but “seeing” the injuries helps juries understand the victim’s level of pain and suffering.

Proof of Income

Lost wages, benefits, and earning capacity are part of your economic damages. You must prove how much income you lost because of the accident and your injuries. The following evidence can be used to support your economic damages:

• W-2s and 1099s
• Tax returns
• Pay statements
• Business income statements
• Profit and loss statements
• Letter from your employer

Permanent impairments and disabilities could reduce your earning capacity and result in future lost wages. Experts are often used to calculate the value of future damages.

Accident and Police Reports

Police and accident reports are official records of an incident containing details to assist injury lawyers in investigating claims. Although the reports may not be admissible in court, having an official record stating that the incident occurred is an important element of an injury claim.

Expert Witnesses

Expert witnesses are used in personal injury cases to provide opinions and testimony. Examples of expert witnesses include:

• Medical specialists
• Accident reconstructionists
• Commercial trucking experts
• Financial professionals
• Manufacturing experts
• Psychologists
• Engineers
• Data and software specialists

Expert witnesses can assist in all types of personal injury cases, including car accidents and slip and fall accidents. However, they are often used in complex cases such as medical malpractice, premises liability, mass torts, product liability, and commercial truck accidents.

Expert witnesses must have specialized skills, training, knowledge, or education in a specific field. They can help jurors and judges understand technical, scientific, and other complex information related to the case.

If you are wondering about the evidence you can use to support your case, contact a personal injury attorney from Bush Personal Injury and Car Accident Lawyers LLC today for a free consultation.