In a personal injury claim, what you can prove matters more than what you say. Insurance adjusters, judges, and jurors don’t make decisions based on suspicion. They require solid, admissible evidence.
“Each type of evidence plays a special role in building your claim. From police reports and medical records, to expert testimony and photographs, knowing what to gather and how it contributes to your case can make a real difference,” says Brendan McDonald, an experienced lawyer at New Mexico Accident Firm.
This article categorizes the various types of evidence used in New Mexico personal injury cases.
Medical Records
Hospitals and clinics document it all: prescriptions, treatments, follow-ups, and diagnoses. Medical records give an accurate image of your injuries and provide an understanding of how severe your injuries were from the accident.
Reports of emergency room visits, specialists’ appointments, and physical therapy sessions help reinforce your case further. Jurors and adjusters look at them to judge the seriousness of your condition, the duration of recovery, and whether long-term care will be needed.
Consistency between providers is key. Where there are gaps or inconsistencies, the insurers use that to dispute your case.
Eyewitness Testimony
Witnesses to the incident can give compelling support to your account of events. They provide context from vantage points that you will have missed, especially if you were injured or unconscious at the time of the accident.
Courts take the witness’s word seriously. An unbiased witness is more believable than a friend or relative.
When an eyewitness account aligns with physical evidence or other witness accounts, it helps to establish essential facts. Lawyers often act quickly to record the witness’s account while the sequence of events remains clear and the facts are still fresh.
Surveillance or Dashcam Footage
Video evidence removes any uncertainty about what really happened. Footage from a nearby business’s security camera or the victim’s dashcam can clearly reveal the points of impact, the flow of traffic, and the actions of everyone involved.
Attorneys can obtain video files quickly, as many systems overwrite data after just a few days or weeks. The video often settles disagreements about fault without relying solely on personal statements.
New Mexico’s privacy and recording laws remain fully applicable. Any video evidence must be obtained and shared in compliance with these laws; otherwise, it may be dismissed by the court before it can support your case.
Police or Accident Reports
Official police reports bring another layer of credibility to your claim. Officers arrive, take statements, note the road conditions, and assign blame where it’s required.
Reports include diagrams, witness lists, and even citations, all of which contribute to establishing the facts of what happened. Insurance companies use these facts to guide their own investigations and settlement decisions.
Errors sometimes find their way into these reports, so attorneys often cross-check facts for accuracy. Correcting an error early can help keep your case progressing at a good pace and prevent unnecessary issues.
Expert Witness Analysis
Experts are called in when cases get complicated. Doctors, accident reconstructionists, or engineers use training and experience to explain technicalities in layman’s terms.
Jurors may struggle to understand complex medical terminology or the physics behind an accident. Expert testimony helps clarify these technical issues, often resolving disputes about the cause of injuries or determining fault.
Credentials are important. New Mexico courts demand that experts possess real-world credibility, not just academic qualifications. Judges habitually screen qualifications before permitting testimony to reach the jury, ensuring that only solid, sound opinions influence the case outcome.
Wrapping It Up
More than a list of papers is needed to win a case in New Mexico for personal injury. Each form of evidence carries its own weight, and even a small detail can make a significant difference.
If you’re unsure how to support your claim, consult a local attorney with relevant experience. They can help you discover practical ways to strengthen your case and identify even the smallest pieces of evidence that can show the proof on your behalf.
