When you are injured because of someone else’s carelessness, the path to receiving fair compensation runs directly through one thing: evidence. In the Texas legal system, you cannot simply state that you were wronged and expect to win. You must prove it. Every personal injury claim, whether from a truck wreck on I-20 or a fall in a Longview store, is a story that needs to be told with clear, convincing proof.
Building a strong case is like constructing a sturdy building; it requires a solid foundation of evidence. Without it, even the most legitimate claim can collapse under the scrutiny of insurance companies and defense attorneys. They will work tirelessly to question your story, minimize your injuries, and shift blame. The evidence you gather is your most powerful weapon to counter their tactics and demonstrate the truth.
This guide explains the crucial role evidence plays in East Texas personal injury cases, details the types of proof that matter most, and shows how a skilled legal team uses it to fight for your rights.
The Burden of Proof in Texas
In any personal injury lawsuit, the “burden of proof” rests on the injured person (the plaintiff). This means it is your responsibility to present enough evidence to convince a judge or jury that your version of events is true.
In most civil cases, the standard is a “preponderance of the evidence.” This is a lower standard than the “beyond a reasonable doubt” used in criminal cases. A preponderance of the evidence simply means that it is more likely than not (i.e., more than 50% likely) that the defendant’s negligence caused your injuries. To meet this standard, you need more than just your word; you need tangible, objective proof.
Key Types of Evidence in a Personal Injury Claim
Evidence comes in many forms, and a strong case often uses several types to create a comprehensive picture of what happened. From the moment the accident occurs, the clock starts ticking on your ability to preserve this critical information.
1. Photographic and Video Evidence
In today’s world, the camera in your pocket is your best friend at an accident scene. Visual evidence is incredibly compelling because it captures a moment in time before it can be altered.
- Accident Scene: Take wide-angle photos of the entire scene, including vehicle positions, skid marks, road conditions, and any relevant traffic signs. In East Texas, this might include documenting poor visibility on a foggy rural road or a lack of signage in a construction zone.
- Property Damage: Capture close-up photos of the damage to all vehicles or property involved. This helps accident reconstruction experts determine the points of impact and force of the collision.
- The Hazard: For slip and fall cases, this is vital. Photograph the spill, broken step, or icy patch before it can be cleaned up or repaired.
- Your Injuries: Document your visible injuries (cuts, bruises, swelling) immediately after the accident and throughout your recovery. These photos provide a timeline of your physical suffering.
- Surveillance Footage: Many businesses, traffic lights, and even homes have security cameras. This footage can provide an unbiased view of the incident and is often the most powerful piece of evidence available.
2. Official Reports and Documentation
Official reports created by third parties lend credibility to your claim.
- Police Accident Reports: When you call 911 after a crash, the responding officer (whether from a local department, sheriff’s office, or DPS) will create a report. This document contains crucial details like driver information, witness contacts, a diagram of the scene, and often the officer’s initial assessment of fault.
- Incident Reports: If you are injured on commercial property, insist that the manager or owner fills out an internal incident report. Ask for a copy or take a photo of it. This report proves that you notified the business of the injury at the time it occurred.
3. Medical Records and Bills
Your medical records are the cornerstone of proving your injuries and damages. They create a direct link between the accident and the harm you suffered.
- Initial Treatment Records: Records from your first visit to the emergency room, urgent care, or your doctor are crucial for establishing that your injuries were caused by the accident.
- Ongoing Treatment: Keep records of all follow-up appointments, physical therapy sessions, surgeries, and prescriptions.
- Medical Bills: A detailed accounting of every medical expense is necessary to calculate your economic damages. This includes everything from ambulance rides and hospital stays to prescription co-pays.
Insurance companies will scrutinize your medical history to argue that your injuries were pre-existing. Consistent medical treatment creates a clear paper trail that counters this argument.
4. Witness Statements
What other people saw can be instrumental in proving your case, especially when liability is disputed.
- Eyewitnesses: People who saw the accident happen can provide an impartial account. Get their names and contact information before they leave the scene.
- “Before and After” Witnesses: Friends, family, and coworkers can testify about how the injury has impacted your daily life. They can speak to your pain, your physical limitations, and your emotional distress, which helps establish your non-economic damages.
5. Financial and Employment Records
An injury often means you cannot work. To recover lost wages, you need to prove how much income you have lost and may lose in the future.
- Pay Stubs and Tax Returns: These documents establish your income level before the accident.
- Employer Letter: A letter from your employer confirming the dates you missed from work due to your injury is powerful proof.
- Expert Analysis: For catastrophic injuries that prevent you from returning to your old job, we may hire a vocational expert to calculate your diminished earning capacity over your lifetime.
The Rules of Evidence in Texas Courts
Not all evidence is automatically allowed in court. Its admission is governed by a complex set of rules designed to ensure that only relevant and reliable information is presented to a jury. The Texas Rules of Evidence dictate what can be used to prove a case.
For example, the rules address issues like:
- Hearsay: Generally, you cannot testify about what someone else said outside of court. There are, however, many exceptions to this rule.
- Relevance: The evidence must have a tendency to make a fact more or less probable than it would be without the evidence.
- Expert Testimony: There are specific standards for qualifying an expert and for the opinions they are allowed to give.
Navigating these rules is a key function of a personal injury attorney. We know how to get your evidence admitted while challenging improper evidence the defense tries to use against you.
How McKay Law Builds Your Case with Evidence
From our first meeting, we begin the process of gathering and preserving all evidence relevant to your claim. We don’t just rely on what you bring us; we actively investigate to uncover proof you may not have known existed.
Our process includes:
- Sending preservation letters to defendants, demanding they save crucial evidence like surveillance video or maintenance logs.
- Hiring investigators to locate and interview witnesses.
- Subpoenaing records from police departments, hospitals, and cell phone companies.
- Consulting with experts, such as accident reconstructionists and medical professionals, to analyze the evidence and provide expert opinions.
We meticulously assemble this evidence to build a compelling narrative that we can present to the insurance company during negotiations or to a jury at trial.
Don’t Let Your Claim Weaken—Act Now
Evidence is the lifeblood of a personal injury claim, and it has a shelf life. Witnesses move, videos are erased, and memories fade. The longer you wait to act, the harder it becomes to build a winning case.
If you have been injured in East Texas, your focus should be on recovery. Let us handle the burden of proof. Contact McKay Law today for a free, no-obligation consultation. We will start the investigation immediately and fight to gather the evidence needed to secure the justice and compensation you deserve.
