Filing Claims in Knoxville Injury Cases: Types of Evidence

Experienced Knoxville injury lawyers explain how we prove you deserve compensation

Evidence is a legal term for the information that is presented to a judge or a jury in a court proceeding. Normally, the judge assigned to your personal injury case will decide whether the evidence can be admitted so that the jury can hear or see it. A large amount of the work that our Knoxville personal injury lawyers do involves finding evidence that can help your case, and determining how that evidence can be submitted so that it works in your benefit. At Banks & Jones, we are skilled at obtaining critical testimony, documents, and reports that can prove liability and verify all your damages.

How can we help?

How do you collect evidence of liability in a personal injury case?

The type of liability evidence needed to hold a defendant accountable for your injuries or the death of a loved one depends on the type of accident and how it occurred. We obtain the relevant evidence of liability through:

  • The use of investigators. We hire these professionals to examine the accident site and speak to anyone who may have information about your accident. For example, if you are in a Knoxville car accident, our investigators will examine (take notes, pictures, and/or video) of the accident site, speak with any witnesses who may have observed the accident other than the parties to the case, and question whether any neighbors or business have a digital recording of the accident. The investigator normally testifies in court to introduce this evidence.
  • Interrogatories. The victim/plaintiff and the defendants each have the right to submit written questions to the other side. The answers can then be used as evidence to support your claim or to impeach the credibility of one of the defendants – and vice versa.
  • Depositions. The parties to your Knoxville personal injury claim have the right to orally question any party and anyone else who has information about how your accident happened and the responsibility of the defendants. Like interrogatories, this evidence can be used to support your claim or show that someone isn’t credible.
  • Documents. Our Knoxville personal injury evidence lawyers often seek documents and records that can help prove your claim. For example, some of the documents we may seek include:
    • Insurance policies
    • The police report
    • Records of any repairs to your car, the property where you fell, to establish you were a patient of a doctor, hospital notes, complaints by local business inspectors, recall notices, and many other types of records.
  • Testimony of experts. In some cases, we may work with experts who can help prove liability such as traffic reconstruction experts, physicians who testify about malpractice, product safety experts, police officers, fire officials, and many other professionals.

Proving your injuries and losses are compensable through evidence

The evidence our Knoxville personal injury lawyers obtain to prove liability can also be used to prove you have suffered injuries and losses. Here’s how we use evidence and testimony for each type of compensable damage:

  • Medical expenses. The evidence we seek includes records from hospitals, doctors, therapists, pharmacies, and other healthcare providers about the cost of the care you received, where you received the care, and when you received the care.
  • Lost income and lost benefits. We seek verification from your employers of your lost income and benefits. We may also work with financial institutions and professionals to verify your income loss if you received self-employment income or other business earnings.
  • Pain and suffering. We introduce evidence about your physical pain and suffering through your own testimony, the testimony of your doctors, the testimony of friends and coworkers, and anyone else who understands your trauma and anxiety.
  • Scarring and disfigurement. If you have any type or length of scar and any disfigurement, we work with plastic surgeons and psychologists who can explain what can and can’t be done to improve your condition and the effect of the scars and disfigurement on your emotional health.
  • Property damages. We work with vehicle repair shops and mechanics who can provide evidence about the damage to your car, truck, or motorcycle. We also work with experts who can testify about the cost of replacing your vehicle.

At Banks & Jones, we regularly work with your doctors and our network of doctors when necessary to explain (either through written reports or testimony) that the accident or negligent acts are the proximate cause of your injuries, the severity of your injuries, the medical care you need, and all the ways your injuries are affecting your life.

If a loved one dies, we work with experts who are skilled at placing a value on the income your loved one would have provided and the value of the services your loved one would have provided. We also obtain verification of the funeral and burial costs.

What types of evidence questions may arise in your Knoxville personal injury case?

Some of the evidence questions that our Knoxville personal injury lawyers anticipate and prepare for include:

  • Hearsay evidence. There are specific rules on the use of statements that either the plaintiff or defendant seeks to introduce – when the person who made those statements is not in the courtroom.
  • The admissibility of documents, witness statements, medical reports, and every type of evidence
  • Who can verify/authenticate the evidence? For example, if either side wants to introduce a photograph, there must first be testimony about who took the photograph, where it was taken, and when it was taken.
  • The expertise of witnesses. Before an expert such as one of your doctors can testify “as an expert,” there must be some testimony about the expert’s training, credentials, and experience.

There are specific procedures for identifying and marking documents and asking that they be introduced into the court record and used to question witnesses.

Do you have a Knoxville personal injury lawyer near me?

Most clients consult with us at our Knoxville office located at 2125 Middlebrook Pike. We do make arrangements to see you away from the office if you are physically unable to come to our office. Phone and video consultations are also an option.

We’re prepared for every aspect of your case including the introduction of evidence.

Contact our accomplished Knoxville personal injury lawyers today

It requires a great amount of experience and skill to present a personal injury case in court. The Knoxville personal injury evidence lawyers at Banks & Jones have acquired those skills through 30 years of trial work. We understand from the start of our representation what evidence is required 2 win your case, how to present that evidence in court, and how to contest improper defense evidence. We’re ready to assert your right to full compensation today whether you have a personal injury claim, a workers’ compensation claim, or a wrongful death action. Please call us or fill out our contact form to schedule a free consultation.

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