What Kind of Evidence Is Admissible in Accident/Injury Cases?

Proof, in any legal case, often boils down to evidence presented during proceedings. Unfortunately, there isn’t a magic list of data guaranteed to be valid or “admissible” in court. There are a few types courts generally consider inadmissible, such as police reports, but the conditions and context of presentation largely determines if evidence is valid.

In addition to police reports, you typically can’t bring prior criminal history into an accident case. The judge also won’t allow any unreliable evidence – such as hearsay. If testimony consists of rumors and what someone heard about the accident, that information is highly unreliable because the person speaking didn’t have first-hand experience.

The court may also consider proof inadmissible if it’s not relevant or the court considers it overly prejudicial, too time consuming, or otherwise a hindrance to the case at hand. As in criminal proceedings, some evidence gathered in an illegal manner won’t be allowed into the prosecution. For instance, if you stole something that would prove a driver had been drinking , you may not use that as evidence in the courtroom. In rare cases, an attorney may not know whether a piece of evidence will be admissible until he or she attempts to use it.

Although many counselors carefully comb through medical records during the discovery part of a case, they rarely admit full records as proof when a case goes to court. Instead, your attorney may admit certain aspects of your records relevant to the claim, such as an x-ray or a scan, and obtain expert medical testimony to argue the case. Medical records play an important role in every personal injury claim, but the use of them in court is not as clear-cut as you might think.

Many pieces of evidence can work their way into a case regardless of admissibility. When you sit down with your attorney, he or she will likely conduct an independent investigation into the accident. Anything that provides insight about a defendant’s mental state, proves facts of the case, or is a direct experience testimony may work to a plaintiff’s benefit.

Some surprising forms of admissible evidence you may go over include:

Even within these restrictions, the validity of evidence really depends on the circumstances of each individual claim. Because the burden of proof rests on the plaintiff in personal injury cases, anything you think is relevant may play an important role. If a piece of evidence isn’t admissible in court, it may still lead to the discovery of other acceptable items.

Writing down, photographing, and recording as much information as possible at the scene of the accident helps ensure you have the evidence you need to prove your personal injury case. Doing so will also keep the incident fresh in your memory and may help your attorney piece together the valid proof necessary to secure a fair settlement.

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