When pursuing a personal injury lawsuit in Texas, the strength of your case largely hinges on the quality of the evidence you can prove. Whether you’re seeking compensation for medical expenses, lost wages, or pain and suffering, presenting a compelling case requires a meticulous approach to gathering and documenting evidence.

At the Law Office of Shane McClelland, PLLC, we understand how crucial evidence is to the success of your personal injury lawsuit. With 20 years of experience helping clients in Texas, Attorney Shane McClelland focuses on gathering and presenting the strongest evidence to support your case. From medical records and accident reports to witness statements and expert testimonies, he knows what it takes to build a solid case. Reach out through our contact form for more information. 

Evidence That Can Be Used to Build a Solid Personal Injury Case

Evidence plays a crucial role in establishing the validity and strength of personal injury cases. The following types of evidence may be used to help prove the extent of the injury, the impact on the claimant’s life, and the liability of the responsible party:

Medical Records

Medical records are fundamental in personal injury cases. They provide a detailed account of your injuries, the treatments you’ve received, and your recovery progress. These records can include:

  • Emergency room reports: Initial documentation of your injuries.
  • Hospitalization records: Information on surgeries or extended treatments.
  • Doctor’s notes: Detailed descriptions of your diagnosis and prognosis.
  • Doctor’s reports: Your doctor may be called upon to write a report explaining the cause of injuries, your diagnosis, and your prognosis.
  • Doctor’s testimony: The courts require medical records to be presented in your case in a very specific manner using an affidavit, and even when you do that, the defendant can challenge the content of those affidavits (usually defendants contest the amount and necessity of your medical bills). Therefore, it is becoming increasingly common to have doctors provide deposition testimony regarding the treatment they have provided, their opinions on the necessity of that treatment, and the cause of your injuries. You will also likely have to call an expert to testify about the reasonableness and necessity of your medical bills.
  • Physical therapy, chiropractic, pain management, and imaging (ex-ray and MRI) records: Evidence of ongoing treatment and recovery efforts.

These documents and records help establish the magnitude of your injuries and can be fundamental in proving the impact of the accident on your life.

Accident Reports

An official accident report, usually completed by law enforcement (and often called a crash report), offers the investigating police officer’s account of the collision. This accident report or crash report typically includes details of the parties involved in the crash, the facts about what happened in the accident, including how and where it happened, accounts from witnesses (if available), and any insights or opinions from the responding officer. 

Witness Statements

Witnesses who saw the accident can provide valuable testimonies that support your version of events. These statements can help corroborate your story and offer an unbiased view of the incident. Witness statements are especially important in cases where fault is disputed or there is a lack of clear evidence.

Video and Photographs

Almost everyone carries a mobile phone with them, and sadly sometime people drive while distracted by using their mobile phone. But a mobile phone, specifically the camera on the phone, can be instrumental in gathering photographs and videos at the scene of a collision. This includes victims physical injuries and property damage to vehicles or other structures. Additionally, many newer model cars come equipped with dash cams that record everything that happens during the collision. Dash cam photos can be invaluable evidence to help prove your case. Finally, many police officers who investigate crash scenes have body worn cameras on them and recording while they investigate the accident. The recordings from police officers body worn cameras are usually subject to an open records request to the governmental agency who is responsible for keeping that footage. Often times it only take a letter from you or your attorney to the police department requesting this evidence.

Expert Testimony

In some cases, expert testimony is necessary to clarify complex aspects of your injury or the causes and affects of the accident. Experts may include:

  • Medical experts: To explain the cause, severity, and long-term effects of your injuries and the costs associated with receiving that medical care.
  • Accident reconstruction specialists: To reconstruct the accident and demonstrate how it happened.
  • Economic experts: To assess financial losses such as lost wages or future earning potential.

Expert opinions can help clarify technical details and strengthen your case.

Why Evidence Matters in Personal Injury Cases

To win a personal injury case, you must demonstrate that the other party is liable for your injuries. In Texas, Plaintiffs have the burden to show that the defendant caused the collision and your injuries, and the jury has to agree that the defendant was more than 50% responsible negligent for causing the wreck and your injuries. Strong evidence helps establish negligence by showing that the other party failed to meet their duty of care, that their actions directly led to your injuries, and that you suffered a financial and personal impact from the accident.

Clear and comprehensive evidence makes your account of the incident more believable, provides leverage in settlement talks with insurance companies, and strengthens your position if your case goes to trial.

How the Law Office of Shane McClelland, PLLC Can Help

At the Law Office of Shane McClelland, PLLC, we are committed to ensuring you have the strongest possible case. With 20 years of experience, we know what it takes to gather and present compelling evidence to support your personal injury lawsuit. Our meticulous approach involves collecting all necessary documentation, working closely with expert witnesses, and thoroughly investigating the details of your case.

We aim to alleviate the legal burden on you, allowing you to focus on your recovery. If you need dedicated support to navigate your personal injury lawsuit, contact us today at (713) 987-7107 or visit our contact form for a free case evaluation.