In personal injury law, evidence refers to facts or information that verify a claim or statement. It includes intangible proof (like video recordings) or physical evidence. It’s the foundation upon which every successful injury case stands. That’s because, in personal injury claims, the standard of proof is in the weight of the evidence you can provide. As such, your personal injury lawyer must provide relevant evidence that’s more convincing than that of the defendant to succeed.
Generally, the evidence your lawyer will gather must prove specific vital elements. First, you must show that the defendant owed you a duty of care. Secondly, there must be sufficient indication that they negligently breached such duty. Next, you must also prove willful or unintentional injuries due to their negligence or recklessness.
Four types of evidence can help you prove the above elements. They’re physical, demonstrative, documentary, and testimonial evidence. In this article, we’ll discuss the meaning of physical evidence. We’ll also examine why they’re essential for a successful claim.
What Is Physical Evidence?
Physical evidence is also called real or material evidence. It refers to objects or materials that were found at the scene of the accident. It’s actual evidence that you can see, touch or pull out from an accident site.
There are numerous types of physical evidence. The most common examples include firearms and fired ammunition, tire tracks, footmarks, glass, hairs, fabric, fibers, etc. Physical proof may also refer to trace evidence that you can’t see unless you examine them in the lab. Finally, biological evidence is another type of physical evidence that plays an essential role in personal injury claims.
How Does Real Evidence Help My Personal Injury Claim?
Below are ways physical evidence helps your case:
Weight of Evidence
Unlike criminal trials, you don’t need to prove your personal injury case beyond a reasonable doubt. Instead, all you need to do is have a little more convincing evidence than the opposite side. Fortunately, physical evidence is one of the most persuasive types of proof in settlement negotiations. That’s especially when you compare it to your recorded statements.
Material evidence can serve as collaborative proof to support already existing evidence. For example, it can add to the credibility of an eyewitness’s testimonial evidence. Many lawyers also use it as circumstantial evidence to infer some facts. In some cases, a piece of physical evidence may make all the difference in your case.
Physical evidence can help to paint a clear picture of how an accident happened. For example, in a car accident case, a vehicle tire can leave a mark on the road after skidding. Such skid marks may constitute physical evidence to show that a driver was speeding. As such, they’re essential tools for accident reconstruction experts to work with.
Driver/Liable Party Identification
There’s no valid personal injury claim without a liable party. Sometimes, however, it’s challenging to determine the responsible party in an unintentional accident. That’s especially when the at-fault person is at large, like in the case of a hit-and-run driver.
In such cases, physical evidence is essential in determining the wrongdoer’s identity. For example, if there were pieces of glass at the scene, you can use them to identify the driver’s vehicle. In addition, biological evidence at the crash site can also help to discover the driver’s identity.
How Can I Save Evidence for My Case?
Now that you know how substantial physical evidence is for your case, you’d like to preserve them at all costs. That’s because some material evidence like skid marks and paints may disappear quickly. Generally, there are different preservation methods for the various kinds of physical evidence in your possession.
Your personal injury lawyer will let you know the best methods to use to keep relevant evidence from disappearing. They usually include taking photographs or videos of the crime scene and saving your clothes. You must also avoid repairing or replacing any property damage until your lawyer approves of it.
Contact the Best Atlanta Personal Injury Attorneys at Bethune Law Firm Today!
The success of any personal injury case depends on what you can prove. As such, you must make evidence gathering and preservation a topmost priority in your claims. However, merely obtaining evidence to support your claims is not enough. You must also know how to present them to your advantage.
That’s why you need legal assistance from the best personal injury attorneys in Atlanta. At Bethune Law Firm, our legal experts will thoroughly examine and apply relevant evidence to build and strengthen your case. We’ll fight for you and ensure that you get justice even in the most complicated situations. So book a free consultation with us immediately.