Injured parties in Oklahoma have the burden of proof in personal injury cases. They must have sufficient evidence to prove each legal element of the claim, or they cannot hold the at-fault party financially liable for damages.
Evidence is information or items offered to prove or disprove a fact. Strong evidence increases your chance of receiving a fair personal injury settlement or winning a jury verdict.
Examples of evidence in an Oklahoma City personal injury case include:
Medical Records
Your medical records help prove that the accident or incident caused your physical injuries. The records prove the types of injuries you sustained. They also help prove the severity of your injuries, including whether you sustained permanent impairments or disabilities.
Medical Bills
Generally, injured parties are entitled to reimbursement for reasonable and necessary medical expenses. Medical care includes but is not limited to, emergency medical services, hospitalizations, doctors, specialists, diagnostic tests, rehabilitative therapies, medications, and nursing services. Medical bills prove how much you were charged for each service.
Eyewitness Testimony
The parties in the case may testify about what happened. However, eyewitness testimony can be very convincing. Eyewitnesses are often considered an objective source because they do not have a financial stake in the case’s outcome.
Of course, it depends on whether jurors believe the eyewitness. Attorneys have the right to cross-examine witnesses to try to discredit their testimony.
Videos and Photographs
Photographs and videos can also be persuasive evidence in a personal injury case. Jurors can see for themselves an accident scene or the severity of your injuries.
Whenever possible, take pictures and make a video of the accident scene, including the source of your injuries. For example, if you slip and fall in a store, take pictures of the liquid on the floor that caused your fall. Also, take pictures of your injuries throughout your recovery as evidence.
Accident Reports
In some cases, parts of an accident report can be admitted as evidence. Hearsay or opinions included in an accident report might not be admissible in court, but the factual information in the report may be admissible as evidence.
Proof of Income
Loss of income is part of your economic damages in a personal injury case. You must have evidence proving how much income you lost because of your injuries. Evidence of lost wages and income includes, but is not limited to:
- Business income states
- 1099s, W2s, and other government forms
- Tax returns
- Pay statements
- Profit and loss reports
Your employer may also need to provide a statement confirming your income and the time you missed from work after your injury. Your doctors also need to provide statements explaining why your injuries prevented you from working in the time frame for being out of work.
Expert Witnesses
Your attorney may hire one or more experts to assist with your case. They may testify in court and during depositions. Experts also provide opinions related to the disputed issues in the case. Jurors may give more weight to testimony from an expert witness because they have specialized knowledge and experience related to a specific topic.
Examples of expert witnesses in personal injury cases include:
- Medical specialists
- Engineers
- Forensic experts
- Accident reconstructionists
- Life care planners
- Safety and quality control specialists
- Pain management specialists
- Manufacturing experts
- Commercial trucking experts
- Vocational and rehabilitation specialists
- Psychologists
- Financial experts and economists
The Oklahoma Rules of Evidence set the guidelines for qualifying an individual as an expert witness. A person cannot testify as an expert until the court verifies they have substantial training or experience in their respective field.
Pain and Suffering Journal
In addition to economic damages, you may also receive compensation for non-economic damages. These damages compensate victims for the pain and suffering they experience after an accident or injury. However, it can be difficult to prove the extent of your pain and suffering.
Keeping a journal helps provide details of your recovery that prove how much you suffered. Details can include how much pain you experienced each day, activities you missed, and your emotional state each day. You can also include details about how your injuries impacted your relationships with family members and friends.
A journal helps you recall details about your recovery that you might have forgotten. Your journal can provide the details your attorney needs to develop a narrative describing your suffering and pain.
If you have any questions about the evidence in your case, contact an Oklahoma City personal injury attorney from Laird Hammons Laird Personal Injury Lawyers today at (405) 497-0480.
