Relevant Types of Evidence for Each Potential Case in Florida

Knowing what type of evidence must be collected to prove your case is a confusing conundrum. Being aware of the different types of evidence categories is even more confusing.

While you would always benefit from an experienced personal injury attorney handling the evidence in your case, it is also good to have a bird’s eye view of what must be proven, and the different types of the evidence that can exist at trial. It can sometimes be difficult to meet your burden of proof at trial, so thinking about the evidence needed to prove your case early on can be beneficial.

Before we delve directly into the evidence types that exist, we must first understand the categories that most evidence falls into.

Direct evidence is any evidence that supports the conclusion you are trying to prove without any inference being necessary to come to that conclusion. For example, if you are trying to prove what happened in a car crash, an example of direct evidence is eyewitness testimony from the person who saw the crash occur.

Circumstantial evidence is evidence that requires some inference to be useful. For example, an eyewitness testifying to seeing the alleged at fault vehicle speeding and turning onto the road where the crash occurred is a form of circumstantial evidence because it is being entered to prove a crash occurred, but said witness did not actually see the crash.

Demonstrative “evidence” is not actually evidence, even though it is sometimes called evidence. Essentially, this is information that is presented to the fact finder to allow the fact finder to better understand a complicated issue. For example, an expert witness may testify generally as to how back injury occurs, like the one that allegedly occurred in the case at hand.

Evidence can further be divided into tangible and testimonial evidence. Testimonial evidence is any evidence that comes in the form of witness testimony. Tangible evidence is non-testimonial. It can include photographs, police videos, or even physical car parts. Testimonial evidence’s value is generally based on how unbiased and consistent the witness is, while non-testimonial evidence’s value is based on how legitimate the physical piece of evidence seems to be.

Eyewitness testimony is always one of the best types of evidence for vehicle crashes. Even if the testimony is not directly of the scene, any testimony that helps with the identification of what actually happened is helpful testimony. Tangible testimony, such as the physical pieces of the vehicle that were damaged, and skid marks on the ground can reveal more about what happened to the jury.

Photographs are of the accident scene, specifically of any damage that occurred, can be extremely helpful.

In addition to this, evidence revealing the type of injuries received from said accident is also needed. This could be in the form of doctor testimony, and records revealing the injuries and the doctor’s expert opinion as to the cause of those injuries.

Truck accidents would also benefit from eyewitness testimony, or the testimony of other drivers. Physical damage from the car or skid marks are equally beneficial. Evidence of any injuries sustained in the crash is also important.

In truck crashes, specifically, it is also important to investigate and find the trucker’s log, which can show when the truck driver stopped and rested. In most cases, this type of information is automatically kept, and can be retrieved through discovery.

Federal law requires rest stops for truckers, and truckers who fail to rest when required can be held liable for negligence. Other types of evidence, such as what the truck was carrying, or the makeup of the truck can be used if the negligence theory is based on what the truck was carrying or a design/manufacturing defect.

Witness testimony, as well as pictures of the dog and injuries at the accident are very important. It is also important to make sure that your witness testimony does not only include testimony of those who saw the dog, but also includes testimony as to whether any warning signs were on the property, what the signs said, as well as if there had been any incidents in the past regarding the dog. Evidence of any injuries sustained is also important.

Witness testimony is important in slip and fall cases as well, as well as photographs of the scene itself. In addition, the video feed taken by the store is also important evidence, as well as any photographs of warnings at the scene of the incident. Repair and inspection records may also reveal issues directly known by the store owner. Evidence of any injuries sustained is also important.

Generally, proving a wrongful death case requires you proving that your loved one passed away due to the negligent acts of others. Depending on how this death occurred, you would want the evidence required from the applicable incident listed above. For example, if you want justice for a wrongful death caused by a crash, you would have to provide the evidence listed in the car accident paragraph above. When proving injuries, you would prove death instead, likely though a death certificate, and coroner’s report.

Generally, because you are not the deceased, you must prove that you have a right to damages due to the deceased’s death. This might occur if you were receiving financial support from the deceased. In this case you would present evidence of that financial support through specific documents.

Knowing what evidence to collect can be a confusing experience. Each case is different, and it takes an experienced personal injury attorney to know what evidence should be entered in your case.

Bulluck Law Group has years of experience working with evidence in trial. Contact us for a free consultation today.