The word “evidence” carries virtually the same meaning in law as it does in ordinary conversation. Evidence is something used to determine the truth or falsity of your assertions. It can include eyewitness statements, documentation, and surveillance footage. However, many different forms of evidence can be used in a personal injury case.
The Evidence Code(s)
You have evidence, but can you submit it to court? That depends on the contents of the applicable evidence code. The Federal Rules of Evidence apply to federal claims and the Georgia Evidence Code applies to Georgia state claims. Almost all personal injury matters are state law claims.
Example: The Subsequent Remedial Measures Rule
The rules of evidence can be quite counterintuitive on the surface. Take, for example, the rule that bars you from submitting evidence of subsequent remedial measures to prove negligence.
Suppose, for example, that you injure yourself in a slip and fall accident on a walkway. You cannot use the fact that the owner subsequently repaired the walkway as evidence that they were negligent. The reason for this rule is the idea that the law should not discourage people from fixing dangerous conditions.
The Fundamental Principles of Evidence
Although the rules of evidence are plentiful, they are based on just a few basic principles. Here are a few of them:
- Relevance: You cannot submit any evidence that is irrelevant. This is a fundamental requirement for all forms of evidence.
- The hearsay rule: “Hearsay” is an out-of-court statement offered to prove that an asserted fact is actually true. That is why a police report is generally inadmissible or subject to restrictions—instead of a police report, you should question the police officer in court. Nevertheless, Georgia recognizes several exceptions to the hearsay rule.
- Authentication: You need proof that a document is genuine or authentic–testimony from the person who prepared it, for example.
- The best evidence rule: This rule requires you to use the original document or a reliable duplicate. For example, if you’re trying to establish the contents of a waiver of liability, you need the actual waiver rather than testimony from someone who read it.
- Privilege: Certain communications (between a lawyer and their client, for example) cannot be disclosed in court.
- Probative value vs. prejudicial effect: This refers to a balancing test between the value of the evidence and its potential to unfairly bias the jury. For example, a court may need to determine whether to admit graphic photos of an injury.
- Chain of custody: This works like authentication, but for physical evidence. You must show proper handling of the item between collection to trial. This prevents the court from relying on evidence that someone has tampered with.
- Competency of witnesses: Is the witness qualified to testify? Are they in a position to know anything relevant?
- Judicial notice: The court can accept certain facts as true without evidence, such as the fact that Atlanta is the capital of Georgia.
The foregoing is just a sampling of many different evidence rules and principles.
The Types of Evidence Used in Georgia Personal Injury Cases
The following types of evidence are used in personal injury claims, depending on the case and circumstances:
- Eyewitness testimony
- Expert witness testimony
- Accident reports (e.g., police reports)
- Photographs, videos, surveillance footage, etc.
- Physical evidence (e.g., a damaged car)
- Documentation of lost wages
- Maintenance and repair records (e.g., to prove premises liability or product liability)
- Demonstrative evidence (e.g., graphs, diagrams, or reconstructions of an accident)
- Communications (e.g., emails, texts, etc.)
- Insurance claims and policies
- Social media posts
Some of these types of evidence, such as accident reports, might be deemed inadmissible in court. However, they are still useful in settlement negotiations.
The Burden of Proof: How Much Evidence Do You Need to Win?
The burden of proof determines how much evidence you need to win your claim. For most personal injury cases, you must prove your assertions by a preponderance of the evidence. This standard requires the plaintiff to show that it is more likely than not that their claims are true.
However, certain matters require a different standard of proof. For example, if you’re seeking punitive damages in Georgia, you must have clear and convincing evidence proving that the defendant acted willfully, maliciously, or with extreme indifference to your safety. This is a higher standard of proof than the preponderance of the evidence standard.
The Types of Evidence That Can Be Collected During Pretrial Discovery
Pretrial discovery is the evidence-gathering phase that takes place after the filing of a lawsuit but before trial.
Each party can demand evidence that is in the possession of the other side, in the form of:
- Depositions (out-of-court testimony)
- Interrogatories (written questions)
- Demands for the production of documents and physical evidence
- Requests for admissions (so that each side can limit the number of facts it has to prove)
If the other side refuses to cooperate, you can ask the court to impose sanctions.
An Experienced Lawrenceville Personal Injury Lawyer Can Help You Gather Enough Evidence to Prevail
In law, proof substitutes for truth, in the sense that you can’t win without it. And the best way to prove something is to hire a personal injury lawyer to gather evidence for you.
You don’t need to worry that you can’t afford to pay a lawyer hundreds of dollars an hour. Under the contingency fee system that most personal injury attorneys use, you only pay attorney’s fees if you win. Even then, the fee amounts to a percentage of the amount you recover.
Call today at 678-446-3655 to schedule a free consultation with an experienced back injury lawyer in Lawrenceville.