What Kinds of Evidence Can Be Used in Personal Injury Cases?

The evidence you bring in a personal injury case will help you establish the facts of your case, prove the liability of the defendant, and ultimately determine the outcome of your case. While evidence gathering, preservation, and presentation is part of the job for personal injury lawyers, it’s also important for victims of catastrophic accidents to have a basic understanding of what types of evidence there are and how they can be presented in court. This will help you prepare for your case, understand what is happening, and keep you informed as the legal process moves along. 

What kinds of evidence are there, and how are these types used in New York personal injury cases? 

How the State of New York Defines Evidence in terms of Personal Injury Cases 

In New York, evidence in personal injury cases is defined as any material item or assertion of fact that a party offers to the court to prove or disprove the allegations at issue. The New York Civil Practice Law and Rules (CPLR) govern the admissibility and handling of evidence in civil cases, including personal injury claims. You can find more information about evidence in Chapter 8, Article 45. 

The Types of Evidence Commonly Used in Personal Injury Cases 

There are a few major categories of evidence that can be presented in personal injury cases. These include: 

• Direct Evidence: Directly proves a fact without the need for inference. This includes eyewitness testimony and video footage of the accident. 
• Physical Evidence: Includes tangible items from the accident scene, such as damaged vehicles, broken equipment, or photographs of the site and injuries. This type of evidence can be compelling in showing the severity of the incident. 
• Circumstantial Evidence: Suggests a fact by implication or inference. For example, skid marks at the accident scene may imply that a vehicle was speeding or failed to stop in time.  
• Demonstrative Evidence: Demonstrative evidence includes models, diagrams, and simulations that help illustrate the events of the accident or the extent of injuries. This evidence can be very effective in helping the jury understand complex details. 

Specifically, the major types of evidence that you will most likely have in a personal injury case include: 

• Medical Records: These document the extent of injuries, the treatment received, and the prognosis. This evidence is often pivotal in proving the impact of the injury on your life. 
• Police Reports: These can provide an official account of your incident, including those involved, witness statements, and any citations or violations issued. They can also corroborate your version of events and provide details that support the claims made in your case. 
• Testimonials: Witnesses who observed your incident or its aftermath can provide firsthand accounts that support your case. This includes statements from bystanders, other drivers, passengers, etc. 
• Expert Witnesses: Medical professionals, product specialists, and other experts can provide specialized knowledge that helps to explain the technical aspects of your case to the court and jury. 
• Photos and Videos: Any angles caught of the incident or the aftermath can be a valuable addition to help you prove the facts of your case. 
• Pay Stubs: These documents can help provide proof of any loss of compensation you have had or will have in the future as a result of the injuries you have sustained. 

What is Not Usually Accepted as Evidence in These Types of Cases? 

The types of evidence that are generally not useful in personal injury cases include: 

• Hearsay: Also known as second-hand statements not made under oath in court. They are generally inadmissible unless it falls under a recognized exception. 
• Speculative Testimony: Any testimony based on speculation or conjecture rather than factual observation is typically not accepted. 
• Irrelevant Evidence: Your evidence must directly relate to the facts of the case or help prove a point in dispute. Otherwise, it is usually inadmissible. 

What You Need to Prove Guilt in a Personal Injury Case 

The evidence presented in a personal injury case must establish four things: 

1. Duty of Care: This is a legal obligation for the defendant to act with a certain standard of care to prevent harm. 
2. Breach of Duty: Show that the defendant breached this duty through negligent or reckless actions. 
3. Causation: The breach of duty must have directly caused your injuries. This involves showing a clear link between the defendant’s actions and the harm you suffered. 
4. Damages: Establish that you suffered actual damages, which can include medical expenses, lost wages, pain and suffering, or other related costs. 

Contact a Personal Injury Lawyer in New York 

It’s important to work with a personal injury attorney as early as possible. At Morelli Law, we can help gather, preserve, and present the evidence necessary to give you the best opportunity to win your case. If you or a loved one has been catastrophically injured in an accident, consult with our experienced personal injury attorneys. We’ll provide the guidance and support needed to navigate the complexities of your case and ensure your rights are protected. Get in touch with us today for a free case evaluation.