How to Collect and Present Spinal Cord Injury Evidence
In Texas, specific standards are utilized to ensure that an expert's opinion in court is based on sustainable and reliable science. To be considered sustainable, the attorney must demonstrate that the evidence is reliable from a methodological perspective and that the expert possesses the appropriate qualifications and has followed the correct methodology in formulating their expert opinions. Lawyers must assess the opinions and reliability of the injured person's own experts to ensure that the evidence and testimony are admissible and effective.
Collecting
Preserving evidence is crucial as it can quickly disappear. It is essential to preserve the following:
- The names of individuals present at the scene
- Witness statements
- Any videos or photographs of the incident
These items can be critical evidence and should be safeguarded immediately. A knowledgeable spinal cord injury attorney in Carrollton will understand the importance of collecting specific evidence for a case.
Presenting
In a spinal cord injury case, the evidence used to establish liability assists a Carrollton attorney in proving who is at fault and why. For example, drivers must adhere to traffic laws in a vehicle collision. To determine liability, the lawyer may present evidence that the defendant violated these rules, leading to a spinal injury.
In a trucking case, they may delve deeper to establish liability, including the reasons for the driver's rule violation:
- Was the truck driver fatigued?
- Did they fail to comply with regulations requiring sufficient rest?
- Did they neglect to conduct a proper pre-trip inspection of their vehicle?
- If there was equipment failure or malfunctioning brakes, was the vehicle inspected in accordance with regulations, and should it have been permitted on the road in its condition?
An attorney would present evidence demonstrating truck driver negligence resulting in spinal cord damage.