To receive personal injury compensation, you must prove your case. When you’re preparing your personal injury case, you need to know what counts as evidence in personal injury cases.
What is Evidence in a Texas Personal Injury Case?
Evidence in a Texas personal injury case is something that makes a relevant fact more or less likely to be true. It could be a testimony, tangible items, or other things that help to prove or disprove an element of the case. Evidence helps the finder of fact, usually the jury, determine if the plaintiff has the right to personal injury compensation. It also helps them determine the appropriate amount of compensation.
Understanding Evidence in a Texas Personal Injury Case
A personal injury case is made up of elements – all the things that must be true for a victim to have a case. There are different grounds that a personal injury case may be based on – negligence, intentional conduct, or strict liability, for example. Let’s look at negligence.
To prove a personal injury case based on negligence, the victim must prove:
- The defendant had a duty of care.
- The defendant breached their duty of care.
- An accident occurred.
- Harm to the defendant resulted.
For a case to be successful, evidence must establish each of the elements.
Example of Evidence in a Texas Personal Injury Case
Imagine that a plaintiff has a claim for a slip and fall at a grocery store. The person tripped over a pallet of goods that were placed behind an aisle and hard to see. The plaintiff needs to prove that the defendant breached their duty of care by allowing a dangerous condition to exist.
Photographs of the pallet of goods in the aisle after the fall may be admitted as evidence. Logs showing previous incidents where others fell similarly may be evidence. Testimony from workers stating that they asked supervisors for permission to move the pallets and were told no may also be evidence.
These pieces of evidence make it more likely that the defendant breached their duty of care.
Key Evidence Requirements Under Texas Law
- To win a personal injury case, you must have evidence for each element that you must prove.
- Evidence rules determine what evidence can be admitted in court. Not all evidence is admissible at trial.
- The Texas Rules of Evidence create standards for what evidence is admissible in a personal injury trial.
- Judges determine the admissibility of evidence, following the Texas Rules of Evidence.
- The defense can also admit evidence.
- Evidentiary issues are commonly raised on appeal. That means it’s important to address evidentiary questions completely and correctly at the trial stage.
Types of Evidence Admissible in Texas Personal Injury Cases
Physical Evidence
Physical evidence is tangible. In a slip and fall case, it may be a broken railing or frayed carpet, for example. Generally, admitting physical evidence requires sufficient information to support a finding that the item is what the person offering it claims it is. There are multiple ways this standard may be met, including by testimony of a knowledgeable witness.
Photographic and Video Evidence
Photographs and videos help the jury see, hear, and experience what happened. Photographs include electronic images.
Duplicates are admissible to the same extent as an original unless there are questions of authenticity or other circumstances that make it unfair to use the duplicate.
Testimony
Witness testimony is when a person takes a stand and they answer questions. A witness may testify to what they observed, and objections may be raised including hearsay and speculation.
Documents, Records
Many types of records may be relevant in a personal injury claim. For example, records may show previous reports of danger. Records may show the victim’s income before the injury. Some business records may be admitted with an affidavit.
Medical Records
Medical records may prove the existence of injuries and their prognosis. Records may be supplemented with testimony of care providers.
Expert Witnesses
An expert is someone with specialized skills or knowledge. They can help the jury understand something scientifically or technically complex. There are special standards for admitting expert testimony.
Reconstruction, Tests, and Experiments
A personal injury case may involve testing or demonstrations to show how an accident occurred and what defects or failures contributed to the harm.
Admitting Evidence in a Texas Personal Injury Case
Procedures to admit evidence vary based on the type of evidence. Some evidence is self-authenticating.
Most personal injury litigation involves significant preliminary procedures. You can expect to exchange lists of witnesses and tangible evidence. Either party may ask the other to stipulate to admit evidence. A party may ask for admissions of key facts or elements.
Start Preparing Your Evidence Early
For a personal injury case to be successful, you must begin preparing evidence far in advance of trial. You must determine what’s required for a piece of evidence to be admitted in court. You must anticipate objections that may be raised and prepare your response.
Preliminary Motions and Motions During Trial
Evidentiary issues are often the subject of preliminary motions. A party may ask the court to rule on evidentiary admission in advance of trial. A party may also object during the trial.
The Weight of Evidence
The judge decides whether to admit the evidence, and the jury decides how much weight to give it. Just because evidence is admissible doesn’t mean that it’s persuasive. As a plaintiff, you must prepare persuasive evidence.
How a Lawyer Can Help
When you have a personal injury case, you must answer these questions:
- What evidence do I need to prove my case?
- How do I gather evidence?
- Is the evidence I have gathered admissible?
- Are there procedural steps to take, like requests for admission and stipulations of admissibility?
- Do I need to file or respond to preliminary evidentiary motions?
- How can I compellingly present evidence?
- What can I expect the defense to do? How can I respond?
Personal injury cases are won and lost based on evidence. A lawyer can help you gather, prepare, and present evidence effectively.
Contact
If you have a personal injury claim, you need to know what counts as evidence. At Haun Mena, we handle Texas personal injury claims. Call or message us now.
