Buffalo personal injury attorneys may use a variety of evidence to establish that a defendant caused personal injury to a client. This evidence can be broadly divided into “direct evidence” and “circumstantial evidence.”
Direct evidence is evidence that establishes one or more of the principal facts in dispute without the need for any other intervening fact to be established. The courts of New York State have stated that evidence is direct when the very facts in dispute are communicated by those who have actual knowledge of them by means of their senses.
Circumstantial (or indirect) evidence is direct evidence of a fact, aside from the principal facts in dispute, from which a principal fact in dispute may be inferred. This inference may arise from considering the piece of evidence either alone or in conjunction with other circumstantial evidence.
While direct evidence is more persuasive and easier for a jury to understand, it is not necessary to have direct evidence to proceed with a personal injury lawsuit. A plaintiff may establish a defendant’s fault based entirely on circumstantial evidence. In a civil lawsuit, a plaintiff is not required to present proof that excludes every other possible cause of an accident. Instead, the proof must establish that potential other causes are sufficiently remote that a jury may base its determination upon logical inferences drawn from the evidence.
If you have suffered a personal injury and have any questions regarding this topic, please feel free to call my office at 716-542-5444. We would be happy to help you.
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