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Admissible Evidence

Definition - What does Admissible Evidence mean?

Admissible evidence is evidence the court deems relevant to prove the facts of the personal injury case. Valid evidence must first be relevant. If the evidence does not help decide the issues or at least increase or decrease the likelihood that a fact in question is true, the court is likely to conclude the information is irrelevant and therefore inadmissible.

The court will also review whether the evidence is material, which means it relates to a particular fact in question. Finally, the court will determine if the evidence is competent, which means it is considered reliable. For instance, some witness statements may be considered unreliable because of the character of the witness.
Information or evidence which is admissible is considered directly relevant and can include any evidence gathered through direct observation, perception, description or through circumstantial evidence.

What evidence is considered inadmissible?

Inadmissible evidence can include evidence which is hearsay (with many exceptions), unfairly prejudicial (arouses outrage in the court without adding additional information about the case), wastes time, is considered misleading to the jury, is considered expert testimony given by non-expert witnesses, or information which is provided by a privileged source.

Admissible evidence for a personal injury case

To prove a personal injury case the plaintiff will need to submit admissible evidence to the court which can prove their case. For example, personal injury plaintiffs must prove the defendant owed them a duty of care, this duty was breached, and they suffered damage as a result of the breach.

Different types of evidence will be needed depending on the type of injury case. For instance, for a breach of contract case you will need to present admissible evidence that there was an existence of a valid contract by proving there was an offer, an acceptance of the terms of the contract, and consideration by both parties. Next, you must prove there was a breach of the contract. Finally, you must prove one of the parties was harmed or suffered loss due to the breach.

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