When 2 parties have disputed the facts, concerning an injury-producing accident, the winning party tends to be the one with the stronger case. Usually, a case becomes stronger when it enjoys the support of a generous amount of evidence.
Evidence that could substantiate one party’s story
• Photographs of the damage, or of the accident scene
• Facts in police report
• Contact information, which had been provided by the other driver
• A witness’ statement
Evidence that could substantiate a plaintiff’s injury claims
• The medical report from the physician that had treated the injury
• An x-ray, or the results of an imaging study
• Photographs of the injury
• Testimony from an expert witness, someone in the medical field
Evidence that could substantiate claims, regarding lost earnings
• Documentation from the employer, the one that had been providing a salary earlier, before the accident’s occurrence
• If the injured victim were self-employed, the evidence might be found in an accountant’s books or in a copy of last year’s income tax statement.
The sources for available evidence increase, if a dispute that gave rise to a given case must be resolved in a courtroom.
Prior to the trial, both parties could be asked to complete a deposition. That is a series of written questions from a lawyer that is representing one of the 2 parties. The person that receives the deposition is expected to answer the questions.
A discovery session also precedes the trial. During that session, the lawyers for both parties get to question witnesses. A court recorder creates a record of what each witness has said. The witnesses’ statements during discovery manage to add to the body of evidence, as per Personal Injury Lawyer in St Thomas.
The need for additional evidence might become evident during pre-settlement negotiations, or during a trial.
If an injured victim has sought compensation from a recreational facility, such as a race track, the defense attorney might claim that the same victim had assumed the risk that is associated with the presence of fast-moving automobiles.
If a defense team were to introduce such an argument, it would need to present supportive evidence. In other words, the personal injury lawyers would expect to witness an affirmative defense. If it were presented, the evidence could affirm the veracity of the defense.
During a trial, the more complete the evidence, the greater the chance that members of the jury could become convinced of the argument that had been made by the lawyer that had presented the evidence. Even if someone had taped a murder scene, a defense attorney might seek details on the background of the person that had operated the camera that was used in the taping. The statement in the preceding paragraph should underscore the essential nature of all evidence.