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How Do Lawyers Gather Evidence For A Given Case? April 23, 2021

Good evidence helps a personal injury lawyer to construct a stronger argument, one that supports the same lawyer’s client.

Lawyers for both sides seek certain information

Some information should be found in documents that the injury lawyers in Red Deer are allowed to seek out or request. A personal injury lawyer would want to obtain the names of all the people or businesses that might know something about a given client’s case.

At the same time, a personal injury lawyer would want to learn the names of any witnesses, along with their education and background. If a business were found to know something about the case, then both lawyers would want to know how that same business has been run. Sometimes, a lawyer seeks the opinion of an expert.

What evidence could supplement the information listed above?

Any photographs taken of the accident scene, or of property that was damaged during the time of the accident. Any photographs of the victim’s injuries is evidence.

Evidence found at scene of accident, such as tire marks discovered, following a collision. Discovery of fact that a road sign had been hidden, defaced, moved, or confiscated.

What information is not available to the lawyers?

Statements made during a confidential conversation, such as a conversation between a husband and wife, a lawyer and the lawyer’s client, or a doctor and the doctor’s patient.

Information about someone’s private life: This was a source of evidentiary material in the past, but today, lawyers are less free to make use of such evidence. Still, because this is a changing area of the law, a judge might need to inject a personal opinion into a decision, regarding a lawyer’s ability to access certain information.

How then, could a personal injury attorney determine whether or not a judge might allow introduction of a certain piece of evidentiary material? The attorney’s best guide would come from an assessment of the material’s relevance to the client’s case.

Judges are more apt to allow introduction of evidence that has an obvious relevance to the plaintiff’s case. For example, suppose that a mother, seated next to the driver, had been arguing with a child in the back seat, before the moment of a rear impact. The attorney for the defendant might want to mention that fact.

However, the plaintiff’s lawyer might suggest that what has taken place within a family’s car is private. In that situation, the judge would need to decide on the relevancy of the activities in the car, in relation to the case that was before the court. If those activities seemed relevant, then the judge would probably not feel a need to have them hidden from the members of the jury.