Can New Evidence Be Introduced During Trial?

Can New Evidence Be Introduced During Trial?

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Can New Evidence Be Introduced During Trial?

If you have been injured in an accident, you may wonder about the possibility of pursuing a legal claim. In many cases, victims have a legal right to recover financial compensation from the party who caused them harm.

Successfully recovering financial compensation requires plaintiffs to provide compelling evidence. But when can evidence be introduced in an accident or personal injury claim?

Most tort cases do not require the claimant to go to court. Typically, these civil claims are settled without the need for a trial.

But some cases do proceed to the courtroom. This is especially likely when the at-fault party is uncooperative. 

When you are hoping to pursue damages following an accident or injury, it is critical to speak with a skilled personal injury lawyer. The attorneys at Morgan & Morgan know what is needed to build the strongest case possible for you.

Our team will collect and present all available evidence to bolster your legal claim and give you the highest likelihood of success. The type of evidence needed to prove your claim will depend on the nature of your accident or injury. 

No matter the circumstances, the personal injury lawyers at Morgan and Morgan can help. Complete the simple contact form online to arrange a free, no-obligation consultation with one of our legal professionals.

Typical Personal Injury Claims

Personal injuries can occur in a broad variety of contexts. The nature of the mishap and the extent of the resulting damage are distinct in every case. 

However, some types of personal injury claims are more common than others. Different types of claims require the plaintiff to gather distinct kinds of evidence to prove that they are owed damages. 

Some of the most commonly occurring accidents and personal injuries include:

  • Motor vehicle accidents
  • Slip and fall mishaps
  • Trip and fall accidents
  • Workplace injuries
  • Medical malpractice injuries
  • Traumatic brain injuries
  • Dog bites and animal attacks

Most tort cases revolve around the legal notion of “negligence.” Typically, the plaintiff (the person filing the claim) will need to prove that the defendant (the opposing party) behaved negligently. 

Elements of the Legal Concept of “Negligence”

Proving negligence in a tort case involves providing evidence of the following four factors:

  • Duty of care
  • Breach of duty
  • Cause
  • Actual harm

A duty of care arises when someone has an obligation to behave in a reasonably safe and legal way. For example, drivers have a duty to others on the roads to operate their vehicles safely.

When someone breaches their duty of care, they fail to behave in a way that ensures the safety of others. In successful negligence claims, the plaintiff must also show that the defendant’s breach of duty was the cause of their injuries. 

Finally, claimants need to provide evidence that they suffered actual harm as a result of the opposing party’s actions. If you were not financially or physically harmed, you will not have a valid personal injury claim.

The accomplished personal injury lawyers at Morgan and Morgan have a thorough understanding of tort law. We will leverage all the evidence in your case to show that the at-fault party’s negligence makes them legally liable.

Common Types of Evidence in Personal Injury Claims

Evidence is an important component of any successful personal injury claim. Powerful evidence can be used to support the victim’s case and establish liability for the damage.

Some of the most typical examples of evidence in personal injury claims include:

Medical Records, Bills, and Invoices 

Medical records and bills are often the most important type of evidence in a personal injury case. These vital documents provide a detailed account of the physical injuries that occurred.

These records also detail the treatments the victim received and the cost of their care. This evidence is useful for establishing the extent and severity of the person’s physical injuries. 

Medical records can also be used to show the impact the injuries have on the victim’s quality of life. This helps to calculate the damages owed to the injured party.

Photographs and Videos

Pictures and videos can provide powerful verification of a tort plaintiff’s claim. With the ubiquity of smartphones, photo and video evidence are easier than ever to collect. 

Photos and videos can capture the scene of an accident, the injuries sustained, and the damage to personal property. This type of visual evidence can help to establish the cause of the injury or accident. Photos can also depict the extent of the harm that the victim experienced. 

Witness Statements 

Eyewitness statements can be critical evidence in any type of tort claim. Witnesses to the accident can provide testimony about what they saw and heard.

These testimonies can help to establish which parties are legally liable for the damage. Witness statements may also provide context for the incident and help a personal injury lawyer understand exactly what took place.

Police Reports

In many cases, law enforcement officers will draft reports detailing an accident. This is especially common in cases where the injury was caused by a motor vehicle accident. 

Police collision reports typically include the following information:

  • Date, time, and location of the crash
  • Make and model of involved vehicles
  • License plate numbers
  • Description of roadway conditions
  • Description of weather conditions
  • Driver and witness statements
  • List of resulting injuries and vehicular damage

These reports serve as powerful evidence in tort claims. A personal injury lawyer can help you obtain a copy of any police reports related to your accident.

Expert Testimony

In some tort claims, testimony from specialists may be necessary to establish legal liability or damages. For instance, a medical expert may be called to testify about the nature of the victim’s injuries.

Employment Records

In cases where the damage has resulted in lost income or decreased earning capacity, employment records may be relevant. Examples of employment records include:

  • Initial application
  • Offer letter
  • Employment agreement
  • Performance reviews
  • Attendance and vacation records
  • Employment tax forms
  • Payroll records

Documents like these often show the victim’s earnings history and the impact of the injury on their work life. A skilled personal injury lawyer from Morgan & Morgan can use these pieces of evidence to show the financial impact of an accident or injury.

Physical Evidence

Physical evidence may be necessary for tort claims where the injury was caused by a defective or faulty product. For example, if a consumer is harmed by a flawed piece of machinery, the mechanism may serve as powerful evidence.

Social Media Posts

Online material can sometimes be used as evidence in a personal injury lawsuit. For instance, suppose that an individual claims to have sustained a severe injury but is later shown on social media engaging in physical activities. The posts that contradict the claimant’s narrative could be used to contest the validity of their claim.

Insurance Documents 

Insurance records and documents often function as important evidence in accident and injury claims. This is especially true in lawsuits where the injury resulted from a motor vehicle collision. 

Insurance documents usually contain information about the parties involved, the amount of coverage available, and previous accidents involving the parties. Make sure to speak with a personal injury lawyer to obtain all the relevant documents in your case.

Personal injury tort claims can be very complex. These legal cases usually require a variety of evidence to establish liability and damages.

Plaintiffs may rely on medical records, photographs, videos, witness testimony, police reports, and more to prove their case. By presenting convincing evidence, negligence victims can increase their chances of obtaining fair financial recovery.

Do not allow a negligent person or company to deny you the financial compensation to which you are entitled. The trial-ready attorneys at Morgan & Morgan will work diligently to get the money you deserve.

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FAQ

Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.

Morgan & Morgan

  • Can You Introduce New Evidence in a Tort Trial?

    There is no single answer to this question. In many cases, it is possible to introduce new evidence during a civil trial. 

    But the regulations regarding trial evidence vary depending on the jurisdiction and the court in which the trial is held. Typically, new evidence must be reliable, relevant, and not prejudicial. Evidence that fails to meet this standard may not be admissible.

    In many locations throughout the country, parties are required to disclose the evidence they plan to use before the trial. The process of sharing evidence is known as “discovery.” 

    This allows both parties to review the evidence and prepare their cases accordingly. But sometimes new evidence becomes available after the trial has begun.

    When this happens, it may be possible to introduce it with the permission of the court. Usually, the party hoping to introduce new evidence will need to explain why it is relevant to the case.

    Whether new evidence can be introduced during a trial is ultimately decided by the judge. They will consider a range of factors to make this decision. 

    Examples include: 

    • The timing of the evidence
    • Relevance
    • Whether the evidence is unfairly prejudicial

    A knowledgeable Morgan and Morgan attorney will work hard to ensure that all relevant evidence is available before entering the courtroom. This gives our clients the best chance of recovering compensation.

  • What Are Some Types of Damages in Personal Injury Claims?

    There are many examples of financial damages available to personal injury victims. Any type of cost or loss you experienced as a result of your accident will increase the value of your claim.

    Compensatory damages are intended to make up for the harm the victim suffered. This is the most common type of damages resulting from successful personal injury lawsuits. Examples include: 

    • Pain and suffering
    • Lost wages
    • Medical bills
    • Property damage costs
    • Emotional anguish
    • Ongoing care 

    When you hire Morgan & Morgan, we will review your case to accurately calculate the damages you are due.

  • What Payment Method Do Personal Injury Lawyers Use?

    Trustworthy tort attorneys are paid on a contingency basis. When you hire a lawyer, they will agree to represent you for a percentage of the recovery from your claim. 

    This ensures that your attorney is working diligently to get as much money for you as possible. Also, a contingency fee approach allows all victims to pursue justice without the burden of upfront payments.

  • Morgan & Morgan Is Here for You

    If you need assistance gathering evidence following an accident or injury, do not wait. Complete the contact form on our website to arrange your free legal case evaluation. 

    As America’s largest personal injury law firm, we have a decades-long track record of winning for our clients. Reach out to Morgan & Morgan today to speak with one of our skilled legal specialists.

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