What Type of Evidence is Admissible for a Florida Injury Claim?Tampa Bay Legal News
When you file a Florida personal injury claim against a negligent party that you allege caused your accident, you have to show that they were liable. It is the duty of the plaintiff, or the person filing their claim, to prove that the defendant, the person the claim is filed against, was negligent. You must show that the defendant’s negligence was what caused the crash to happen which lead to your damages. Likewise, the defendant can also attempt to show that they were not negligent and responsible for the crash. Whether the plaintiff is trying to prove neglect or a defendant is working to deny it, enough admissible evidence must be present to be successful.
Due to the many moving parts and challenges that can come with the personal injury claim process along with the limited time to file a claim, it is advantageous to work with a personal injury attorney. The experienced Tampa personal injury attorneys at Fulgencio Law can assist you with your claim and provide strategic legal counsel every step of the way. While most injury claims settle outside of court, the attorneys at Fulgencio Law are always prepared to litigate should your case make it to the courtroom.
Admissible Evidence for a Personal Injury Claim
When reviewing all of the information and evidence that come out of a crash, it is important to only use proof that is relevant to the case. Admissible evidence in Florida will be that which can show a fact of consequence that is likely to have occurred. In other words, the aftermath of a particular situation came about because of an action or specific conditions that took place. This type of evidence has a greater chance of being admissible or permitted to be used in a personal injury suit.
Even if the evidence is shown to be relevant that does not always mean that it can be used to prove a case. If prejudice exists then the evidence will likely be precluded from a claim. In most cases, the courts will allow the majority of evidence. But when the evidence overwhelmingly appeals to one penchant over another and has the potential to be misleading or confusing, then it is considered to be prejudicial evidence. This type of information has much less probative worth for a case. That is why it likely will not be used.
An example would be if a motorcyclist is hit and injured and the motorcyclist files a claim for compensation. While gathering evidence, the defendant has an eyewitness that testifies the motorcyclist was tailgating another car or doing a wheelie before the accident happened. This information is really not relevant to the actual crash, because there is nothing to show that this behavior was present when the accident happened. Further, this evidence could sway a jury from sticking to the facts that exist which are related to the accident when they are determining a verdict.
Speak with a Tampa Car Accident Attorney Today
If you were harmed in a car accident in the greater Tampa area, the Tampa car accident attorneys at Fulgencio Law are here to discuss your case with you during a free consultation. Please call (813) 463-0123 today, to schedule a time to meet that works for your schedule.