Important Types of Evidence in Personal Injury Cases

Evidence is critical in any type of personal injury case, from car accident cases to medical malpractice matters to cases involving dog bites. Without the right evidence, injury victims cannot prove that someone else was responsible for their accident and injuries. The three most important types of evidence when it comes to a personal injury matter are physical evidence, documentary evidence, and testimonial evidence.

What is Physical Evidence?

Physical evidence is generally evidence that people can see and touch. This type of evidence is particularly impactful in a personal injury case because it allows an insurance adjuster or jury to actually see and observe what happened or what took place. The two main forms of physical evidence include:

  • Tangible evidence, and
  • Photographic evidence.

Tangible evidence is something that people or jurors can directly interact with, see before them, or touch. Examples include:

  • A wrecked car door,
  • Bloody clothes,
  • A scar,
  • Tripping hazards, and
  • Shoes (for example, in a trip and fall case).

Photographic evidence is evidence that cannot be preserved but for photographs or video footage. Commonly photographed evidence includes:

  • The scene of an accident,
  • Ice on a street or walkway,
  • Bruises on a body,
  • Street signs and traffic lights, and
  • Wet floors.

Photographs help adjusters and jurors figure out why something might have happened in a case and the extent of the victim’s injuries.

What is Documentary Evidence?

Documentary evidence refers to evidence that is contained in certain documents. Examples include:

  • Medical bills and records,
  • Police reports,
  • An injury journal,
  • Wage claims or statements,
  • Incident reports, and
  • Receipts.

The specific documents that an injury victim should collect will depend on the facts of a case and the injury involved. Note, too, that some evidence can be both physical and documentary in nature. For example, a surveillance video showing a slip and fall at a warehouse is both documentary evidence and photographic physical evidence.

What is Testimonial Evidence?

Testimonial evidence is a statement made under oath. Witnesses usually provide testimonial evidence while providing testimony during a trial. Witnesses can include both lay witnesses and expert witnesses. Lay witnesses can attest to what happened at an accident scene, while expert witnesses are asked to present expert opinions on a piece of evidence or information.

Contact Otorowski Morrow & Golden, PLLC

If you or a loved was injured in an accident, please know that Otorowski Morrow & Golden, PLLC is here to help. Our attorneys provide free consultations to all our potential clients. Further, the attorneys at our law firm have over 120 years of combined experience representing injured parties. Do yourself a favor and contact them now for the quality legal assistance you deserve.

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