Evidence: How It Makes or Breaks Your Case and How Morgan & Morgan Can Help You Get It

In any legal case, evidence is king. 

Whether you are filing a personal injury lawsuit, seeking compensation for workplace discrimination, or fighting a class-action claim, the quality and strength of your evidence will ultimately determine the outcome of your case. 

Evidence is the foundation upon which legal arguments are built, establishing liability, proving damages, and ensuring justice is served.

What Counts as Evidence in a Personal Injury Case?

Evidence refers to any information, material, or testimony that helps establish the facts of a case in court. The strength of your case depends on the quantity and quality of evidence you can provide.

Types of Evidence

Evidence falls into several categories, each playing a crucial role in proving your case:

• Physical Evidence: Tangible objects that can be presented in court, such as damaged vehicles, defective products, or surveillance footage.
• Documentary Evidence: Written or recorded materials, including medical records, contracts, emails, and police reports.
• Testimonial Evidence: Witness statements, depositions, or expert testimony given under oath.
• Digital Evidence: Social media posts, text messages, GPS data, or electronic communications that support a claim.
• Circumstantial Evidence: Indirect evidence that suggests a fact is true but does not directly prove it, such as a fingerprint found at a crime scene.
• Demonstrative Evidence: Visual aids like diagrams, models, or re-creations that help explain key facts to a jury.

How Evidence Makes or Breaks a Case

Evidence is the backbone of any successful legal claim. Without it, your case is simply a claim with no proof. Here’s how evidence plays a crucial role in various types of cases:

Personal Injury Cases

For injury claims, evidence must prove that another party’s negligence caused your harm. This includes:

• Medical records showing the extent of your injuries.
• Accident reports that document what happened.
• Photographs/videos of the accident scene and injuries.
• Expert testimony from doctors or accident reconstruction specialists.

Workers’ Compensation Claims

If you were injured on the job, you must provide evidence that your injury is work-related. Important evidence includes:

• Incident reports filed with your employer.
• Doctor’s notes linking your condition to workplace conditions.
• Surveillance footage of the accident occurring on-site.

Employment Discrimination and Harassment Cases

Proving discrimination or harassment often requires a combination of direct and circumstantial evidence:

• Emails, text messages, or written complaints proving discriminatory behavior.
• Eyewitness statements from colleagues.
• Performance reviews that show unjust treatment or retaliation.

Class Action Lawsuits

Mass tort and class action cases require substantial collective evidence:

• Scientific studies proving the harmful effects of a drug or product.
• Corporate records exposing wrongdoing or negligence.
• Testimonies from multiple plaintiffs who suffered similar damages.

Wrongful Death Cases

To hold a party responsible for a loved one’s wrongful death, strong evidence is necessary:

• Autopsy reports and medical findings.
• Accident reports and eyewitness statements.
• Financial records to prove loss of income.

Compensation That Strong Evidence Can Help You Recover

Evidence can help you recover various types of compensation, depending on the nature of your case and the damages you have suffered. Here’s what strong evidence can help you secure:

Medical Expenses

• Current medical bills for treatments, hospital stays, and doctor visits.
• Future medical costs, including surgeries, therapy, and rehabilitation.
• Prescription medications and necessary medical devices.

Lost Wages and Future Earnings

• Income lost due to missed work while recovering.
• Loss of earning capacity if the injury affects your ability to work in the future.
• Job retraining costs if you can no longer perform your previous job duties.

Pain and Suffering

• Physical pain and emotional distress caused by the injury.
• Loss of enjoyment of life if the injury affects daily activities or hobbies.
• Mental health impacts, such as PTSD, anxiety, or depression.

Property Damage

• Vehicle repair or replacement costs in car accident cases.
• Compensation for damaged personal belongings, such as electronics, clothing, or valuables.

Punitive Damages

• Additional compensation in cases where the defendant acted with extreme negligence or malicious intent.
• Designed to punish the wrongdoer and prevent similar conduct in the future.

Wrongful Death Damages

• Funeral and burial expenses.
• Loss of financial support for dependents of the deceased.
• Loss of companionship and emotional suffering for surviving family members.

Compensation in Employment and Discrimination Cases

• Back pay for lost wages due to wrongful termination or discrimination.
• Front pay for future lost income if reinstatement is not possible.
• Emotional distress damages for harassment or discrimination.
• Legal fees and punitive damages in cases of severe employer misconduct.

Strong, well-documented evidence increases the chances of securing the maximum compensation possible in your case. Morgan & Morgan ensures that no critical proof is overlooked, helping you get the justice and financial recovery you deserve.

Steps to Take to Gather Evidence After an Accident

After an accident, gathering evidence quickly and efficiently is crucial to building a strong legal case. Follow these steps to preserve key evidence and strengthen your claim:

1. Ensure Safety First

Move to a safe location if possible and check for injuries. Then, call 911 to report the accident and request medical assistance. This call is your first piece of evidence, as all 911 calls are recorded.

Do not leave the scene until authorities arrive unless immediate medical attention is required.

2. Call Law Enforcement

A police report provides an official record of the accident—this is another valuable piece of evidence. Request a copy of the report as soon as it becomes available. Be sure to cooperate with officers, but avoid admitting fault.

3. Take Photos and Videos

If you are able, document the scene from multiple angles, capturing vehicle damage, injuries, skid marks, road conditions, weather, and traffic signals. Record surrounding details such as nearby businesses, street signs, and any hazards that may have contributed to the accident. This is extremely important evidence.

4. Gather Witness Information

Speak to anyone who saw the accident and ask for their contact information. An experienced attorney can then use that contact information to gather the next valuable piece of evidence: witness testimony.

5. Secure Physical Evidence

If items like broken car parts, damaged clothing, or personal belongings were affected, keep them as evidence. Preserve any defective product (in cases of product liability claims).

6. Obtain Medical Records

Seek medical attention immediately, even if you feel fine, as some injuries may not appear right away. Keep copies of all medical reports, diagnoses, treatment plans, and medical bills. Also, be sure to follow through on all recommended treatments. In a personal injury claim, treatment equals value.

7. Request Surveillance Footage

If the accident occurred near businesses, ask for copies of security camera footage. Dashcam footage from your vehicle or nearby vehicles can also be valuable.

8. Keep a Personal Injury Journal

Document your pain levels, emotional distress, and how the injury impacts your daily life. Record all doctor visits, prescribed medications, and recovery progress.

9. Save Digital Evidence

Preserve any emails, text messages, or phone call logs related to the accident. However, you should avoid posting about the accident on social media, as it may be used against you. Only share information about your case with your attorney—not your followers.

10. Contact Morgan & Morgan

A personal injury lawyer at Morgan & Morgan can help you gather additional evidence, such as obtaining cell phone records, accident reconstruction reports, and expert witness testimony.

Morgan & Morgan has the resources and experience to ensure no crucial evidence is overlooked, maximizing your chances of securing fair compensation.

How Morgan & Morgan Helps You Gather Evidence

Many people assume they can collect evidence on their own, but evidence collection is a complex process. At Morgan & Morgan, our attorneys work tirelessly to gather and preserve evidence before it disappears. Here’s how we help:

Conducting Thorough Investigations

Our legal teams investigate the scene, interview witnesses, and work with experts to build strong cases.

Obtaining Critical Documents

We collect police reports, medical records, employment records, and surveillance footage to support your claim.

Hiring Expert Witnesses

We bring in specialists like medical experts, accident reconstructionists, and financial analysts to solidify your case.

Securing Digital Evidence

In today’s world, digital evidence is crucial. Our team preserves security camera footage, GPS data, social media activity, and phone records.

Preventing Evidence Tampering

We take legal action to preserve critical evidence before it can be altered, lost, or destroyed.

The Role of Evidence in Winning Maximum Compensation

Having strong evidence not only helps prove liability but also maximizes the amount of compensation you can recover. The more proof you have, the stronger your negotiating position in settlement discussions. If your case goes to trial, compelling evidence can persuade a jury to award higher damages.

At Morgan & Morgan, we leverage evidence to help clients receive compensation for:

• Medical expenses (current and future)
• Lost wages and diminished earning capacity
• Pain and suffering
• Property damage
• Punitive damages (in cases of extreme negligence or wrongdoing)

Common Challenges in Evidence Collection and How We Overcome Them

Getting powerful evidence and having a compelling case may not be enough in some contentious cases—you need a strong legal advocate by your side who knows common tricks and tactics the other side may attempt. Don’t let them keep you from the full and fair compensation you deserve. Here are some common challenges with evidence and how Morgan & Morgan overcomes them.

Evidence Disappears Quickly

Surveillance footage gets erased, physical evidence gets cleaned up, and witnesses forget details. We act fast to prevent the loss of evidence.

Defendants May Try to Hide or Destroy Evidence

In corporate lawsuits, defendants may refuse to provide crucial documents. We issue legal subpoenas to obtain necessary records.

Evidence Can Be Misinterpreted

Opposing parties may twist evidence to fit their narrative. Our expert witnesses counter false claims and present the evidence accurately.

Let Morgan & Morgan Fight for You

Without solid evidence, even the strongest legal arguments can fall apart. That’s why choosing the right law firm matters. At Morgan & Morgan, we have the resources, experience, and dedication to collect and present powerful evidence that gets results.

If you or a loved one has been injured, discriminated against, or wronged, don’t wait. Contact Morgan & Morgan today for a free case evaluation, and let us help you build the strongest case possible. We fight for the people, not the powerful.

Frequently Asked Questions

Can someone present new evidence during a trial?

Yes, new evidence can sometimes be introduced during a trial, but it depends on the circumstances and the court's rules in the jurisdiction of your case. 

Typically, both parties must disclose all evidence before the trial during discovery. Courts generally do not allow surprise evidence to ensure a fair trial.

There are, however, a few possible exemptions. If the evidence was genuinely unavailable before the trial and could significantly impact the case, a judge may allow it. If one party introduces unexpected claims or arguments, the opposing side may present new evidence to counter them. Or, a judge may permit new evidence if it is deemed critical to justice and does not unfairly disadvantage the other side.

The opposing party can object to the new evidence, arguing it was not disclosed earlier. The judge will then decide whether to allow or exclude the evidence based on legal standards.

If a party improperly introduces new evidence, it could lead to a mistrial or grounds for an appeal if the evidence unfairly influenced the verdict.

How much does a lawyer cost?

One of the biggest fears people have about working with a personal injury lawyer is the cost. We understand legal fees can be intimidating. 

Fortunately, at Morgan & Morgan, the Fee Is Free®, and you only pay if we win your case or get you a settlement.

It's that simple. That means it doesn't matter how many hours we work on your case. We only get an agreed-upon percentage once your case is successfully resolved.

There really isn't any risk for you. Plus, we don't cost any more than other lesser-known law firms, even though we have one of the largest law firms in the nation with an impeccable reputation for winning.

You can put the power of Morgan and Morgan to work for you with a free case evaluation. Once we've reviewed the facts of your case and agree to represent you, we can swing into action and take the burden of gathering evidence and proving negligence off your shoulders. However, don't wait too long to make a decision. Civil actions must meet deadlines to retain the ability to get compensation, so don't hesitate to reach out today.

Get started now with a free case evaluation.