(Photo credit: Jordan Schulz/Flickr)
When you watch the TV show CSI, you see forensic technicians gather evidence of an incident in the blink of an eye. But what happens when experts can’t recover it all?
In real life, everything isn’t always neat and tidy. If you’re in a motor vehicle accident, sometimes all the parts of the vehicle you were driving aren’t recovered. Or if a surgeon operates on you, which leads to a health issue years down the road, it’s unlikely that the materials and tools used in your initial operation could serve as evidence in your case.
Expert witnesses are a crucial resource for lawyers to help prove injuries in a case that might be missing physical evidence. Lawyers use expert witnesses to help break down a complicated subject into layperson’s terms, which helps a judge or jury understand the issue, whether it’s a medical, engineering or architectural issue. While there are pros and cons to use expert witnesses, in the case of destroyed evidence, they can help sway a case.
In a 2006 case between Burrill v. Ford Motor Company of Canada, a man was involved in a single-vehicle collision with a hydro pole and he claimed the vehicle was not properly assembled. Some portions of the vehicle that served as critical evidence to the trial were either lost or destroyed, but the plaintiffs were still able to prove the case through the use of three expert witnesses who were able to explain the vehicle’s manufacturing issues which led to the collision.
In a 2009 case between Kulynych v. Manitoba Lotteries, a woman filed a liability claim after she fell while exiting the casino and fractured her wrists. During the trial, previously video taped evidence was lost and the previous area where the incident happened was renovated by the casino. The judge was still able to make a decision based on previous photographic evidence, past recorded details and with witness testimony.
If you’ve been hurt in an incident, there are multiple ways personal injury lawyers can help you gather evidence for your case. A few other sources of evidence include gathering medical records to prove your medical condition and how you’ve been harmed or police reports in a motor vehicle accident. While in a product liability case, the product itself serves as important evidence, but there are ways to prove your situation if it can no longer be accessed.
Also, in cases that rely on electronic records, there’s been an increased focus on spoliation remedies, which is what happens when some evidence has been destroyed. The court can take steps such as excluding expert reports and cost sanctions, according to the Law Times.
If you’ve been harmed in a motor vehicle accident, accident benefits are available to anyone involved, regardless of who caused the accident. The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been dealing with all accident related issues throughout Ontario for over 45 years. We know how to get you the compensation that you deserve and get your life back in order after being in a car accident. Call us at 416-920-4242, set up a free consultation, and come speak with us.
Greg Neinstein
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