Winning a personal injury case, when it comes down to it, is all about the facts. Victory is the difference between being able to prove your facts and counter what the other side presents as the facts. You want the truth to come out – which means you’ll need lots of evidence that supports the truth.
There are different types of evidence. As personal injury attorneys, we place a tremendous amount of value on what’s called demonstrative evidence.
What Is Demonstrative Evidence?
This is evidence that demonstrates the facts of the case and presents them in a way that makes them clear and unambiguous. Evidence of this type comes in the form of pictures, videos, diagrams, charts, medical reports, models, and anything else that provides a verifiable statement of fact.
For example, if you got into a car accident and broke your leg, demonstrative evidence could include an X-ray of the break from the emergency room, a doctor’s report. If you suffered an injury on someone else’s property, surveillance video could be a piece of evidence.
It’s really important, though, that demonstrative evidence is probative and not prejudicial. If a piece of evidence is just there to inflame emotions, it could be declared inadmissible by a judge, which means it’s virtually useless. There has to be some substance and value behind the evidence.
Collecting demonstrative evidence can be difficult. You’re probably not concerned with gathering evidence immediately after an accident. You may not be in any position to do so. That’s where investigation comes into play – working with an attorney to collect this evidence.
The Importance of Personal Injury Evidence
Evidence alone, though, won’t make you win. How a personal injury lawyer collects and uses demonstrative evidence is one of the most important factors behind whether or not you get the compensation you deserve.
That’s why it’s important to have a lawyer who understands how to clearly and persuasively present the evidence and incorporate it into a narrative about what happened and who was responsible.
After all, it’s a battle between two or more sides: you and the other party or parties. They’re going to be collecting evidence of their own to use in the fight. Our job is to do a better job and use the facts of your case in the best possible way.
Keep all of this in mind if you ever have the need for a personal injury case. It can mean the difference between winning and losing.
If you have any questions, or want a free consultation, contact us – we’ll be there when you need us.