Evidence
Evidence is anything used to prove a fact — documents, photos, testimony, expert opinions. Claims are won or lost based on what evidence exists, not what the parties remember happening.
Types that matter in injury cases
The types that usually matter most:
- Documentary — medical records, police reports, employer letters, photos, videos
- Testimonial — statements from the parties, witnesses, and sometimes experts
- Physical — damaged vehicles, clothing, helmets, the hazard itself
- Electronic — dashcam, surveillance video, phone records, GPS logs, event data recorders
- Expert — accident reconstruction, medical causation, vocational analysis
Authentication and reliability
Evidence has to be authenticated — someone has to show it's what it's claimed to be. A photo needs someone who can say when and where it was taken. Medical records come in through a custodian. Electronic evidence usually needs a chain of custody. Authentication is a procedural step but it trips up many claims in court.
Preservation and spoliation
Evidence disappears. Surveillance is overwritten. Text messages are deleted. Damaged vehicles are sold for scrap. Losing relevant evidence can be 'spoliation,' and courts sometimes penalize a party who lets it happen. Sending a written preservation letter to the other side early is a common way to prevent it.
What tends to win and lose cases
Contemporaneous evidence — things recorded at or near the time of the incident — is almost always more persuasive than later recollections. The medical record from the ER on the day of the crash carries more weight than a doctor's note three months later recounting the same symptoms.
Key Takeaways
- 01Evidence is any information used to prove a fact — documents, testimony, physical items.
- 02Contemporaneous evidence (created at the time) is almost always more persuasive than later memory.
- 03Electronic evidence (video, data recorders, phone records) can be decisive but is time-sensitive.
- 04Preservation letters and early documentation prevent spoliation problems later.
General information only. This page explains common concepts in plain language. It is not legal advice and does not create an attorney-client relationship. Laws vary by state and change over time. For any specific situation, consult a licensed attorney in your jurisdiction.