Evidence is Key to Success in Personal Injury Matter

Success in a personal injury matter requires detailed attention to evidence necessary to prove a case. Evidence can either be direct evidence or circumstantial.  Direct evidence is always the strongest type of evidence and therefore it should be intentionally pursued and preserved.  With respect to motor vehicle incidents, direct evidence could be: scene photographs and inspections, vehicle damage estimates, measurements taken at the scene, measurements taken of the various vehicles involved, and video.  Scene and vehicle measurements are vital if an accident is to be “reconstructed” by an expert. The more information available for the reconstruction, the more likely the reconstruction will accurately depict the actual events of the accident.  If evidence is not preserved in a personal injury accident matter, a reconstruction expert cannot properly evaluate the incident nor offer an opinion as to what occurred.  The expert is left guessing and speculating as to causation.  An expert is not allowed to speculate at trial and his/her opinions must be based upon a sound factual basis.  Other types of direct evidence are also medical records, medical imagining, and surveillance videos.  Witnesses statements should also be obtained immediately, as by the time the case reaches litigation, it could be years before a witness is asked to recount what he/she recalls.