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Dealing with Fake Evidence Presented in Your Personal Injury Case

04/12/2022
Personal Injury
BY

In personal injury cases, an important part of proving your case is collecting relevant evidence in support of your case. Strong evidence in your favor can help your Florida injury attorney prepare a good case for you against the negligent party legally responsible for causing your damages. 

However, in some cases, the other party refuses to settle and financially compensate you for your damages.  Moreover, unfortunately, a negligent party may even go to extreme lengths to avoid liability or even falsely accuse you of being at fault, which in some cases may include presenting false evidence. 

If you were injured in an accident and have questions about the evidence being presented by the other party in your case, contact a Florida injury attorney at Searcy Denney today. Our experienced trial attorneys have extensive experience addressing issues of questionable evidence presented by the opposing side. Our attorneys can walk you through the process of gathering good evidence in support of your case and addressing bad evidence presented against you. 

What Types of Evidence Are Collected in a Personal Injury Case?

Your attorney will likely work on collecting a variety of different types of evidence as your case develops. Some examples of evidence your attorney may collect to build your personal injury case include, but are not limited to: 

  1. Accident Reports: An accident report generally includes some type of recap of the incident that occurred. They are often completed by a law enforcement officer.  Accident reports are often seen as an objective and factual description of what happened in an accident. 

  2. Physical Evidence. Physical evidence can offer powerful proof to convince a jury that an incident unfolded in a certain manner. When someone is injured, there is often – but not always – tangible evidence to help substantiate the claim of who is at fault for damages. The types of physical evidence will vary based on the nature of the incident that occurred. The objects could include, for example, broken glass, tools, weapons, debris, or a wrecked vehicle.  

  3. Photo and Video Footage. Photo and video footage is another form of evidence that could be helpful to your case as it can help document accident-related issues in your case.

  4. Documentation. Proper and relevant documentation can be helpful in proving the extent of your injuries and other losses you suffered. Most evidence that supports a personal injury case exists in documentation. Some examples of important documentation include but are not limited to medical records, lost income, and policy documentation, among others.

  5. Testimony. Testimonies from witnesses who can explain what happened in an accident case can be helpful pieces of evidence to use during the claim process. The testimony of an expert witness who has extensive training and experience in their field may also be helpful to prove your case. 

What if the Other Side Presents Fake Evidence?

Evidence is important in any case.  Unfortunately, sometimes the other side may present false evidence or make false claims against you.  In this situation, you will want to work with your Florida injury attorney to help protect your interests and make sure that the truth comes to light. 

An example of fake evidence in an injury case could be a situation where the other party in an accident claims injuries that they did not actually suffer. In this situation, the party may offer fake evidence in the form of false testimony about aches and pains that they actually do not have. Also, the fraudulent party may even go as far as offering false pictures that appear to be injuries they sustained (but may actually be bruises sustained from an old injury).

Another way a party could present a false claim against you is by claiming that you were at fault in an accident case when you actually were not.  The other party may try to offer their own false testimony or even false testimony of witnesses in the car with them that you were at fault. 

To try and protect yourself after a false claim is made or false evidence is presented, there are a few steps you should take such as:

  • Be sure to report to the police an accident that involves personal injury or property damage.  A police report is helpful because it can help document some of the facts that took place (which may be helpful to prove your case) as well as document the other driver’s insurance information.
  • Pay attention to witnesses at the scene of the accident.  If you identify witnesses who saw what happened, be sure to get their names and contact information.  They may be able to offer testimony that supports your case and negates the false information presented by the other side.
  • Take photos and videos where possible.  Getting your own photos and video documentation of the scene can be helpful, especially where you can document the date and time that the videos and photos were taken.  This can help validate that your photos and videos are accurate. 
  • Contact a local Florida injury attorney immediately.  An experienced personal injury attorney can help guide you through the next steps of your auto accident case, including how to defend yourself against a false claim and false evidence. 

Do You Have Questions About Fake Evidence in Your PI Case? A Florida Injury Lawyer Can Help

Dealing with an injury after an accident can be stressful, especially when the other side presents a false claim or false evidence against you.  If you need assistance with your personal injury case, a Florida injury lawyer at Searcy Denney is ready to work with you and help get you the compensation you deserve. Our experienced attorneys have helped people injured in accidents recover millions of dollars in damages via settlements and court verdicts.  Call us toll-free at 800-780-8607 or contact us online to schedule a free initial consultation. We have offices conveniently located in Tampa, West Palm Beach, and Tallahassee.

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Posted By: Bud Wilder