Part of the fun in watching a courtroom drama is when all seems to be lost and the “bad guy” is going to get away with a crime until there is a crucial piece of last-minute evidence presented.
It surprises everyone and shows what a clever attorney looks like.
In reality, there is rarely any “surprise” evidence in criminal or civil cases. Plaintiffs and defendants know what to expect and build their strategies around knocking down that evidence. Can new evidence be added after a car accident case has started?
Technically, yes, but you must follow strict procedures to introduce that evidence. This is where the skill of an experienced St. Matthew car accident attorney comes into play. Not only will your attorney know the right procedures to present that evidence, but they may also be the one to uncover it in the first place.
The Role of the Discovery Phase in Adding Evidence
When you tell an insurance adjuster the car accident wasn’t your fault, you’ll be asked a very important follow-up question: Can you prove that? Your answer should be a resounding, “Yes!” But the only way to back that up is with strong, convincing evidence.
After you’ve gathered the evidence, you’ll first present it to that insurance adjuster. If they dispute your assertions about fault or keep offering a lowball settlement offer, you may have to file a civil complaint and move the claim to court. When that happens, you’ll use most of that initial evidence during the discovery phase.
The discovery phase is the formal, pre-trial process where the parties in a civil lawsuit exchange evidence. This is essentially a court-ordered “I’ll show you mine, and you show me yours.”
The evidence presented can include, but is not limited to, the following:
- Police reports
- Medical records
- Surveillance, security, and dashcam footage
- Sworn witness depositions
- Video
- Photographs
- Interrogatories (written questions answered under oath)
During the discovery phase, your attorney can also make “requests for admission.”
This forces the defendant to admit or deny specific facts to narrow what must be proven at trial. Both sides can use this tactic.
Since the burden of proof is on your side, gathering strong evidence during discovery can be a huge benefit. When presented with strong evidence, the insurance company will evaluate the risk of sharing it with a jury. It often leads to out-of-court settlements or summary judgment motions before the trial begins.
When Supplemental Evidence Becomes Necessary for Your Personal Injury Claim
After you and your attorney present evidence to the insurance company, issues may remain that need to be resolved. Supplemental evidence becomes necessary in a personal injury claim when initial documentation leaves gaps about liability, the extent of your injuries, or your financial and personal losses.
This is when you might need supplemental evidence:
Pre-Existing Conditions
If the insurance company argues that your pain comes from an old injury rather than the accident, it could challenge the causation of your negligence claims. In order to prove that the accident directly caused your injuries, you may need supplemental medical opinions, diagnostic imaging, or specialist testimony to establish a clear connection between your injuries and the accident.
Gaps in Treatment
If there was a delay between the accident and your first doctor’s visit, or if you missed physical therapy appointments, supplemental records such as a pain diary or doctor notes can help justify the break in your timeline.
Hard-to-Prove Injuries
X-rays are the most common diagnostic tool doctors prescribe for serious internal injuries. However, standard X-rays often miss soft-tissue damage, whiplash, nerve pain, mild traumatic brain injuries, or psychological trauma. Supplemental evidence, such as additional diagnostic results or psychological evaluations, can be vital.
Disputed Liability
If the defendant denies fault or witnesses disagree, you may need supplemental accident reconstruction reports, digital surveillance footage, or cell phone records to prove negligence.
Future Losses
Basic medical bills only cover past costs. If you face long-term disability or lost earning capacity, you need supplemental vocational expert testimony or economic projections.
Your attorney is in the best position to determine whether your claim would benefit from supplemental evidence.
How a Lawyer Manages Late-breaking Proof of Negligence
When critical, unexpected proof of negligence surfaces late in litigation, or right before a trial, a trial lawyer must move quickly to protect their client’s case and successfully introduce the evidence.
The attorneys at McCoy & Hiestand, PLC have extensive knowledge and experience with the Jefferson County Court system. This is where we file a civil complaint for any accident that took place in St. Matthews.
We understand that if we learn of late-breaking proof of negligence, we must immediately disclose that evidence. That requires filing motions to supplement discovery or reopen the discovery process altogether. We may also need to request a continuance to examine the evidence further. Once we legally preserve the evidence, we’ll re-evaluate your settlement leverage. This could motivate the insurance carrier to act and offer a stronger settlement.
Don’t worry if this sounds like you’re getting into the “legal weeds.” We have it covered. When we agree to represent someone hurt in an accident, we do so because we’re confident we can secure a fair settlement. If another driver caused your accident, you’re entitled to seek a remedy.
Call our office for a free consultation to discuss what happened and how to move forward.
You need to act fast to preserve all available evidence.
