Getting The Evidence You Need To Win Your Injury Case
Almost every personal injury case is different. Except for one thing that most all of them have in common: In almost every case, the victim will have less evidence than the defendant will about how the accident happened.
Why Less Evidence?
There are a number of reasons for this. It is often the defendant that knows its own policies and procedures, the defendant that investigated the accident scene, the defendant that knows how its business runs, and the defendant that may even have video footage of the accident.
It can seem like a daunting task to be behind the 8-ball from day one. But there are ways that an injured victim can get the information needed to prove, and win, a personal injury case.
One way is to ask written questions. These are called interrogatories. These are simply questions, in writing, that the other side must answer. A victim can ask almost anything that is related to an accident.
Written questions are helpful, but there is often much more information needed than what can be obtained through written questions, and written questions lack the ability to follow up. That’s why the victim can also set depositions.
A deposition is simply a process where someone verbally answers questions asked by the other side’s attorney. This “back and forth” can go into a number of topics, and allows the victim to get deep into the issues, and also keeps a defendant from trying to be evasive or vague with answers, like what often happens with simply written questions.
You generally can depose anybody working for the defendant that may have any information relevant to your case. Depositions often yield information and evidence that you may not have even realized existed.
Many times, documents have vital information about your case. You can request the other side to produce documents that may be relevant to your case—although your request doesn’t have to be limited to documents; it can include electronic data like emails, videos, or photos.
Corporate policies, accident reports, or witness interviews statements can also be requested. The documents that companies often provide, often contain important evidence that can help you prove your case.
Sometimes, companies or people that are not part of the case, may have information that you need to prove your case. For example, a cleaning service may have records that show how often they cleaned for a business that a victim alleges did a poor job of keeping its floors clean.
Although these companies or people aren’t suing or being sued, they nonetheless must comply with requests for documentation that are more to them.
What information or evidence do you need? Your personal injury attorney will know how to use all of these methods together, to get crucial evidence that you need to show a jury in your injury trial.
How will you prove your injury case? We can help. Call the West Palm Beach personal injury attorneys at Pike & Lustig today.