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When you think of forensic evidence, you might think of DNA testing for a criminal case. That’s one use of forensic evidence in legal proceedings. However, forensic evidence has many uses in personal injury claims.
Schiller & Hamilton explain the role of forensic evidence in personal injury claims.
What is the role of forensic evidence in an injury claim?
Forensic evidence is used to prove technical or scientific facts in a personal injury claim. This information may not be known by witnesses. For example, mathematical calculations can explain the speed and trajectory of a vehicle leading up to a car accident. Forensic evidence can prove or disprove crucial facts in an injury case.
Understanding Forensic Evidence in Personal Injury Claims
In a personal injury claim, a lot of evidence is provided by witnesses. For example, a person can testify to a substance that was on the floor causing a slip and fall. Someone can take a picture, admit it into evidence, and explain what it shows.
However, there are often elements of a personal injury claim that can’t be proven by witness testimony alone. Witness testimony may be inconsistent or refuted. It may be complete. A person bringing a personal injury claim may need to make their case stronger. They may turn to forensic evidence.
What is forensic evidence?
Forensic evidence is information and data gathered by a scientific process. It is the application of science to get evidence in a legal case.
Uses of Forensic Evidence in Personal Injury Claims
A personal injury claim typically involves proving four things:
- Duty of care – The standard of acceptable behavior
- Breach of duty – The defendant fails to live up to the duty
- Causation – How the breach of duty caused harm
- Damages – Amount of compensation
Forensic evidence may be helpful for any of these elements. For example, scientific information can explain how a vehicle or machine created a hazard, based on how the defendant used it. This information could be used to explain a duty of care or breach of duty. Medical forensics can explain causation and damages. Forensic accounting can support a claim for damages.
Types of Forensic Evidence in a Personal Injury Claim
Medical information
Much of medical care is a forensic process. Doctors use tests to identify injuries. They perform chemical tests. They follow set procedures that are accepted by the medical community.
Sometimes, medical forensics is simple. A person who is hit by a car may have broken bones that show on an x-ray. Other times, a person may have prior injuries or medical conditions. Medical tests can be critical to show the extent of new injuries.
Medical evidence can be combined with expert opinion to explain an injured person’s prognosis.
The expert can explain the likely suffering that the victim has experienced. They can explain future medical needs.
Accident reconstruction
Accident reconstruction looks at accident data. For example, the severity of damage to a vehicle can indicate how fast a vehicle was traveling. Skid marks may show whether a driver turned their wheels.
Vehicle data event recorders may be examined. This information explains how the accident occurred and who may be to blame. It can also be used to show that the accident was serious enough to produce the victim’s injuries.
Mechanical inspection and testing
Mechanical testing can show how a vehicle or piece of equipment malfunctioned. It may explain how a machine was poorly designed. Testing can explain how machinery behaves in certain circumstances. This information may be used to establish the appropriate duty of care when using the machinery. It may also be used to establish a breach of duty based on the defendant’s actions when using a vehicle or machine.
Substance testing
Substance testing in a personal injury claim may show what substances were present at the scene and the characteristics of those substances. For example, testing may show how a machine functioned and what may have spilled. It may show the presence of toxic chemicals.
Accounting and economic analysis
Forensic accounting can support damages in a personal injury case. The accountant may review pay statements and value fringe benefits. They may account for mitigating factors and future economic impact.
Document analysis
Scientific processes can evaluate document authenticity. It may prove whether a paper or electronic document has been altered.
Cell phone, electronic forensics
Cell phone use might be important in a personal injury case. A forensic process may be used to recover information from a cell phone including whether a phone was in use at a certain time.
Electronic forensics can be used to recover deleted communications.
What is the role of the expert testimony of a forensic scientist?
A forensic scientist may provide expert testimony to explain scientific methodology and conclusions.
They explain their expert qualifications through skill, personal experience, or education. Then, they describe the tests done and the results. The expert presents scientific or technical information that may otherwise be hard for the jury to understand.
Does the jury have to believe a forensic expert in a personal injury claim?
Like all other evidence in a legal claim, the jury is free to accept the testimony of a forensic expert, reject it, or accept some of it. Even if the forensic expert testifies to an ultimate issue, it is the jury that decides the case.
Note: A party may refute forensic testimony with other experts and forensics, tangible evidence, and lay witnesses. Forensic testimony is often powerful and persuasive. A plaintiff must be prepared to counter the defense presentation.
Admitting Forensic Evidence in a Personal Injury Claim
There are steps to admit forensic evidence in a personal injury claim. The data must be reliable.
The court decides admissibility.
Sometimes, there are hearings in advance of a trial regarding forensic evidence. In addition, there are disclosure requirements in advance of trial for personal injury experts. Litigants must address these requirements to have their evidence admitted in court.
Legal Help for Forensic Evidence in a Personal Injury Claim
Schiller & Hamilton know the importance of forensic evidence in a personal injury claim. Talk to a lawyer. Contact us.