June 21, 2021 | Personal Injury
Anytime someone is injured due to the careless or negligent actions of another individual, company, or entity, the injury victim may be able to recover compensation through a personal injury lawsuit. However, recovering compensation can be challenging, particularly when it comes to determining the liability of the other party. Personal injury cases revolve around evidence.
Here, we want to discuss what evidence is typically collected during a personal injury case in Austin. The type of evidence will vary from case to case, but we will generally find that the success or failure of these lawsuits revolves around the evidence gathered.
There will be various types of evidence gathered when a personal injury case gets started. Though no two injury cases are exactly alike, some of the most common types of evidence gathered during an injury claim include the following:
In many cases, various expert witnesses may be brought in to provide testimony about the evidence and give their opinions about what happened. These witnesses will often use the evidence that has already been gathered, but it is not uncommon for law enforcement officials, insurance carriers, and legal teams to continue investigating these incidents while the case is ongoing.
After a personal injury lawsuit has been filed, the case will officially enter the “discovery phase” of the process. This is the time frame where investigations will continue, but attorneys for the plaintiff (the injury victim) and the defendant (the alleged negligent party) will exchange evidence with one another. It is important for both sides to have all the evidence necessary to make the best decisions regarding the case moving forward.
During the discovery phase, it may also be necessary for witnesses to sit for depositions, which are when attorneys will pose questions to witnesses under oath. Anything said in a deposition will be recorded, transcribed, and can be used throughout the proceedings, including at a trial.
You may have heard that illegally obtained evidence cannot be used in court against an individual, usually through the exclusionary rule. However, this is typically referenced in criminal cases where the state has to prove that a person violated a law in order to hold them accountable for some alleged criminal conduct. Any person charged with a crime receives significant constitutional protections. However, civil personal injury cases are not criminal cases. In general, there are not many situations where evidence will be obtained illegally to use against a person who allegedly caused a injury.
When a subpoena is issued for evidence related to an injury or auto accident case, this evidence must be handed over. If an injury victim or their attorney feels that there is evidence to be gathered, they will go through the court system to request this information, and there will be no need to obtain the evidence illegally. If a person is believed to have caused an injury to another party and purposely withholds evidence after receiving court orders to hand it over, they could be held in contempt of court and charged with a crime.