The Role of Evidence in Winning Personal Injury Lawsuits
Ever wonder what’s the difference between winning and losing personal injury cases?
It’s not luck. It’s not having the most aggressive lawyer or biggest settlement demand. The secret sauce that determines success looks a whole lot like this…
Evidence. Evidence.Evidence.
Here’s the secret most people never realize…
Without rock-solid evidence your personal injury case is worth jack. It doesn’t matter how legitimate your claim is, if you can’t prove it happened the way you say it did you’re sunk.
So why is this so important?
Because the truth is…
95% of personal injury cases never make it to trial. Instead, they settle when the insurance company makes an offer and the injured party decides whether to accept it or not.
And that means the strength of your evidence directly impacts the dollar amount you’ll get in your settlement offer.
Here’s what you’re about to learn:
- Why Evidence Makes or Breaks Your Case
- The 5 Types of Evidence That Win Personal Injury Lawsuits
- How to Preserve Evidence Before It Disappears
- What Happens When Evidence Goes Missing
Let’s dive into why evidence is so important to the success of your personal injury claim.
Why Evidence Makes or Breaks Your Case
Insurance companies hate to pay money. It’s not in their business model. Their business model is based on collecting premiums and paying out as little as possible on claims.
When you file a claim with an insurance company, they’re doing everything they can to find a reason not to pay your claim.
Strong evidence is the one thing insurance companies can’t ignore.
Evidence is the bane of the insurance company’s existence. When you have strong evidence, the insurance company knows you’re not bluffing. They know it’s just a matter of time before you win your day in court.
In fact, plaintiffs win about 60% of the time at trial in personal injury cases. Those are good odds, but only if you have the evidence to back up your claims.
Without evidence, your chances of winning are nil.
The bottom line? Evidence turns your “he said, she said” story into a winnable case.
The 5 Types of Evidence That Win Personal Injury Lawsuits
All evidence is not created equal. Some types of evidence are more powerful in a personal injury case than others.
Here are the five most powerful types of evidence in a personal injury case:
Medical Records and Bills
Medical records are the foundation of any personal injury case. They prove:
- The injuries you actually suffered
- The treatment you received for your injuries
- How much your treatment cost
But here’s what most people don’t know:
Medical records don’t just document your injuries, they also create a timeline that proves your injuries are directly related to the accident. The sooner you see a medical professional after your accident, the stronger your case is.
Expert Missouri personal injury lawyers understand that medical records are often the most expensive line item in building a personal injury case, but they’re also the most critical.
Photographic Evidence
You can say a thousand words with a photo.
Pictures of the accident scene show the conditions at the time and place your injury occurred. Photos of your vehicle damage demonstrate the severity of impact. Images of your injuries provide visible proof of the harm you suffered.
The one thing most people don’t do? They wait too long before taking evidence photos. Accident scenes get cleaned up. Injuries heal. Property damage gets repaired.
Wait too long and the most important evidence in your case could be lost forever.
Witness Statements
Witness testimony is often the key to a case.
Independent witnesses who saw your accident can provide an objective account of what happened. Eyewitnesses can confirm your version of events and disprove the other party’s claim they weren’t at fault.
The problem is:
Memories fade. Witnesses move away. People die.
The only way to get a written statement from a witness is to get it right after your accident occurs.
Police Reports
Police reports carry a lot of weight in personal injury cases.
When the police are called to the scene of an accident, they document the facts from an objective point of view. Police officers interview everyone involved, examine the scene for evidence, and usually make a determination about who was at fault.
Police reports may not even be admissible at trial, but they’re great during settlement negotiations. Insurance companies know police officers are trained investigators with no skin in the game when it comes to the outcome of your case.
Expert Witness Testimony
Sometimes you need a professional to help explain complex technical issues.
Medical experts can testify about the severity of injuries and your long-term prognosis. Accident reconstruction experts can re-create exactly what happened at trial. Economic experts can show the true financial impact of your injuries.
Expert witnesses can take complicated pieces of evidence and make them understandable to lay people.
How to Preserve Evidence Before It Disappears
Evidence has an expiration date. The longer you wait to gather and preserve evidence, the more likely that evidence will disappear forever.
Here’s your evidence preservation checklist:
Right after your accident, make sure you:
- Take photos of the scene, property damage, and visible injuries
- Get contact information from witnesses
- Request a copy of the police report
- Seek medical treatment even if you feel fine
In the days following your accident, be sure to:
- Document your injuries with photos as they develop
- Keep a daily journal of pain levels and limitations
- Save medical bills and treatment records
- Notify appropriate parties to preserve evidence
One key piece of evidence you may need to have on file is a formal evidence preservation notice. That’s a notice you send to the other parties involved requiring them to preserve evidence like security camera footage, maintenance records, employee files, etc.
What Happens When Evidence Goes Missing
Lost or destroyed evidence can sink your case.
If evidence goes missing, that’s what lawyers call “spoliation of evidence.” Spoliation happens when the other party to your claim loses or destroys evidence.
Courts take spoliation very seriously. A judge may:
- Instruct the jury they can assume the missing evidence would have been favorable to your case
- Impose sanctions on the party that destroyed the evidence
- In extreme cases, dismiss the other party’s defenses
Of course, the best solution is to prevent evidence from disappearing or getting destroyed. For that reason, it’s so important to preserve evidence early and often.
You can’t count on the other side to preserve evidence that is unfavorable to them.
Working With Legal Professionals
Collecting evidence is just the first step in building a winning case.
You also need to present evidence effectively to an insurance company or jury and make logical legal arguments based on that evidence.
The truth is:
Studies have shown that people representing themselves typically receive lower settlements than those who work with experienced personal injury attorneys.
Professional lawyers know which evidence is the most powerful and how to present it in the most effective way.
Wrapping Up the Evidence Game
Evidence is important to winning personal injury lawsuits. Evidence is not just important, it’s everything.
Without evidence your case is nothing more than a story that insurance companies and juries are under no obligation to believe.
Remember these key points:
- Start collecting evidence immediately after your accident
- Focus on the five most powerful evidence categories: medical records, photos, witness statements, police reports, and expert testimony
- Preserve evidence before it disappears or is destroyed
- Work with experienced legal professionals who know how to present evidence and make legal arguments
The difference between winning and losing is often not how the accident happened, but how well you document what happened and prove your claims with clear evidence.
Don’t gamble with your financial future. Start building your evidence file today.
Stay in touch to get more updates & alerts on VyvyManga! Thank you
