Types of Evidence in Personal Injury Claims

Types of Evidence in personal injury claims

When pursuing personal injury claims, you should be familiar with what types of evidence may be gathered and needed to help prove your claim. For instance, what is physical evidence (or tangible evidence) and non-physical evidence?

For starters, write down, in your own words, everything you remember about what happened. Try not to leave anything out. This will be helpful when you meet with your personal injury attorney.

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When it comes to evidence, there are two categories it falls into –  physical and non-physical.


Physical Evidence in Personal Injury Claims

Physical evidence refers to tangible evidence, what can be seen by the judge and jury. It can be extremely impactful because juries can see what happened and get a sense of the severity of the accident.

Tangible evidence refers to items the jury can have direct interaction with such as clothing, equipment, and receipts. However, not all evidence can be preserved or brought into a courtroom, so photographs serves as a way to document this evidence. This might include photographs of the immediate scene of the accident, other vehicles on the road, defective parts, skid marks, broken glass and debris, your injury, and more. All of these types of items can tell the story of what happened to the judge and jury.

Questions? Call us at (877) 284-6600.


Non-physical Evidence

Non-physical evidence is usually factual or testimonial in nature and meant to be presented as information to the jury for them to draw the intended conclusion. Typically, non-physical evidence is the bulk of your case and includes:

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Normal witnesses can testify to what happened at the scene of the accident.

Expert and normal witness testimony. Experts may be retained by your attorney to give an expert opinion on a piece of evidence or information, such as an accident reconstruction. Normal witnesses can attest to what happened at the scene and can confirm your account of what happened.

Police Report. This document is the accepted factual and official report about what happened. It can be critical to help build your case, especially when the defendant is issued a ticket or violation.

Depositions. These preliminary testimony statements delivered by witnesses under oath outside the courtroom occur without cross-examination. Primarily, they bring out the facts in the case prior to trial.

Medical Bills show the financial impact of your injuries and will include hospital stays, prescriptions, lab tests, extended care and more depending on treatment required for your injuries.

Medical records provide extensive detail and documentation on your injuries and will include x-rays, surgical records, lab test results, discharge instructions and more. Again, this shows the jury the extent of your injuries.


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Have you been seriously injured in a motor vehicle accident, a slip and fall or some other accident in which you suffered serious injuries due to another’s negligence? Call Nash & Franciskato at (877) 284-6600. We have a successful track record helping accident victims collect the compensation they deserve.

One of our experienced staff will speak with you personally and will provide you with a free, no-obligation review of your case.

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Past results afford no guarantee of future results and each case is different and is judged on its own merits. The choice of a lawyer is an important decision and should not be based solely upon advertisements.

Editor’s Note: This post was originally published April 26, 2021. It was reviewed on July 5, 2023 and updated for content and accuracy.

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