Gathering Evidence in Car Accident Cases
As the plaintiff, you have the burden of proving the allegations of your case. The allegations of the case are the essential elements you set out in your complaint. In an accident case, the allegations may be some general statement such as “damage from car accident” or “injuries sustained in car accident” but your proof has to be something more than that. It has to consist of evidence in the form of documents, pictures, or witnesses that back up what you say. In this blog post, we will discuss how to gather evidence for your car accident case and how to meet the burden of proof in your car accident case.
Types of Evidence in a Car Accident Case
Evidence can either be documentary, as in papers or photographs, or testimonial, as in what someone – you or your witnesses, including an expert witness says. It can’t be speculative or inconclusive. You need to have actual proof that supports your claim. For example, handing the judge a photo of a damaged car and telling the judge, “Here look at this; the defendant did it; please award me money for repairs,” would be speculative. You’ve not giving the judge any evidence such as paid repair bills or estimates from a mechanic from which a Judge can even guess at what it’ll cost to repair your car. In fact, because there is no testimony as to how the accident happened, it would be mere speculation that the defendant caused it. You prove your case by introducing evidence. Evidence is what a person saw, heard, or did; it’s also documents photographs, and objects. The problem is that not all evidence is admissible at trial. Documents lacking authentication or reliability or unqualified persons claiming to be experts are examples of inadmissible evidence. Because not all evidence is admissible, each state has developed their own rules of evidence to be followed at trials. Most of these rules are found in statutes or state evidence codes—Florida is no different. Other rules of evidence have developed from case law. As you can see, presenting evidence at a trial can be a challenging task. Even experienced lawyers sometimes have problems proving their case because they can’t get some information into evidence, usually because there is no way to verify its reliability. Put yourself in the position of the judge. Consider seriously whether you would accept a photo as accurate or a statement as being true without some other verification. For example, imagine you want to use a photo of the damage to your vehicle, however, not only is the license plate not visible in the photo but neither is the make of the vehicle. Trying to convince a judge that this is your vehicle and not one of several millions of other similar vehicles may be a bit of a stretch.
Meeting the Burden of Proof
Most people are familiar with the burden of proof in a criminal case which is beyond a reasonable doubt. This does not mean 100% percent certainty and it doesn’t mean no doubt at all. In civil cases, however, the standard is different. As a plaintiff, the burden of proof you must meet in a typical civil case is preponderance of the evidence. This generally means that it is more likely than not that the facts are what you claim they are and not those claimed by the defendant. If you don’t meet the burden of proof, the case will be dismissed. The plaintiff bringing a case usually has the burden of proof. This means that you have the responsibility to establish what happened and have enough evidence that the defendant is responsible for the damages that resulted and ultimately convince the judge your story is the more believable one. The term often used is that you have to establish your prima facie case in order to prevail at trial. Essentially, you have to prove that your case is what is seems to be. An example of failing to make out a prima facie case would be a car accident where you’re looking to have the defendant pay for the damage to your car. You just have the picture of the damage to your car and when the judge asks, do you have a receipt for the repairs or two estimates of the cost of the repairs? If you answer no, it shows that you are not ready for trial because you are lacking proof an essential element in your claim, damages.
Contact a Personal Injury Attorney in Miami Today!
The law protects injured victims by permitting them to obtain compensation from the at-fault party who caused their injury. Auto insurers are hoping that you won’t take the time to hire a lawyer or get informed about the legal ramifications of your injury and claim. Don’t let yourself get taken advantage of. Suarez & Montero has been assisting injured clients in South Florida for over 19 years against insurance companies. We appreciate the extensive impact an injury can have on one’s life or on their family and overall health. That is why we our firm focuses on protecting the rights of injured victims. If you or someone you love has been involved in an accident, contact us today for a free consultation. We are available 24/7 to give you a free, no risk case consultation.
We serve clients throughout Florida including those in the following areas:
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.
