When you have suffered serious injury or illness due to the negligent actions of another, you may be ready to take action against the liable party. Bringing your case to civil court may be one of the best ways to recover maximum compensation for your damages. If you hope to win your case, presenting powerful evidence to support your right to restitution could make all the difference.
Bringing your own witnesses to trial could prove invaluable as you attempt to bring the at-fault party to justice. Find out more about what to expect from the personal injury civil claims process when you contact Loncar Lyon Jenkins for a free consultation.
Evidence to Support Your Personal Injury Claim
When your personal injury case is going to trial, there are many pieces of evidence that could be used to support your case. Remember, the burden of proof is on your attorney to prove liability based on a preponderance of the evidence. This means the evidence will need to show that the defendant is more than likely liable for your injuries.
With that being said, there are some types of evidence that can be used more frequently than others. These include:
- Photos of your injuries
- Photos of the accident
- Video of the accident
- Witness statements
- Expert testimony
- Accident reconstructionist reports
- Crash and police reports
- Medical documentation
- Financial records
- Forensic evidence
How Witness Testimony Could Support Your Case
One of the most powerful pieces of evidence that are used to support personal injury claims that go to court is witness testimony. This can include eyewitnesses and expert witnesses. Expert witnesses have the power to strengthen personal injury claims in several ways.
This might include establishing negligence, providing clarity where there may be confusion, and offering a neutral testimony regarding how the accident occurred and who could be responsible. Expert witnesses often provide impartial judgment that juries can trust and rely on.
What to Expect From the Defense
You can expect a defense to attempt to poke holes in the witness’s story. Whether the defense is questioning a witness to the accident or an expert witness, you can expect them to attempt to refute the witness’s claims. They may attempt to discredit this witness and introduce doubt in the mind of the jury.
How the Personal Injury Civil Claims Process Works
Once you have a better understanding of how the personal injury claims process works at court, you can understand the importance and relevance of your witnesses.
Your personal injury lawsuit will need to be filed before the two-year statute of limitations expires. Under the law, the statute of limitations for personal injury claims in Texas is just two years, and if your claim is not filed before this deadline, you will lose your opportunity to have your case hurt in court.
Discovery
Once your attorney has filed your personal injury claim, the discovery phase begins. This is where both parties review the other’s evidence, depositions, witness statements, and other legal claims. Generally, the discovery phase of a personal injury claim can last as much as one year depending on how complex the case is.
Mediation and Insurance Negotiations
In the hopes of avoiding bringing your case to court, it may be in your best interest to go through mediation and file claims with the insurance company. Here, you have the opportunity to obtain a settlement that may meet your needs. However, if the defendant or insurance company is unwilling to settle your claim in full, bringing your case to court may be a better option.
Personal Injury Trials
Your trial is where your eye witnesses and expert witnesses will have an opportunity to support your case. Your attorney will call them in for questioning and the defense will have an opportunity to cross-examine them. Your witness testimony, and all other supporting evidence will be presented at trial.
The defense will have an opportunity to refute your claims and argue why their client is not at fault for your injuries. Once the jury has heard both parties, they will retire to deliberate and determine whether the defendant is liable for your injuries.
In this way, bringing your own witnesses could be some of the most valuable evidence to support your case. If you can get through to the jury with your witnesses, they may be more likely to return a decision in your favor.
Get Help From a Personal Injury Attorney in Texas
Bringing your own witnesses and presenting other powerful evidence to support your case could be the best way to convince the judge and jury that liability has been proven based on a preponderance of the evidence.
Start working on your civil claim today when you contact a dedicated Texas personal injury lawyer at Loncar Lyon Jenkins for help. We can schedule your no-cost, risk-free consultation when you call our office.
