Delaware Injuries

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Search results for “evidence”

20 results

probative value

Think of a blurry phone photo after a crash: it may be dramatic, but if it does not actually help answer what happened, who caused it, or how badly someone was hurt, it has...

demonstrative evidence

Not every visual aid shown in a case is the original proof of what happened. A chart, timeline, model, animation, or marked-up photograph may be used to explain testimony or...

How do you prove that a photo, text message, medical record, or video is actually what you say it is? That is authentication: showing that a piece of evidence is genuine and...

spoliation of evidence

The loss, destruction, alteration, or failure to preserve evidence that could matter in a legal claim. "Evidence" can mean physical items, photos, video, electronic data,...

Insurance says your burns "aren't documented" after your boss handed you the chemical

If a Wilmington accountant got chemical burns from a workplace cleaner and the medical chart is incomplete, the claim is not automatically dead.

ARTICLE by Tom Ridgeway

Burned on a Rehoboth government job and now they say you missed notice

Even if a notice deadline already blew by, the photos, labels, witness names, phone records, and video you save right now can decide whether this turns into a dead file or a real case.

ARTICLE by Frank Capodanno

Your shoulder is torn, your Instagram is now evidence, and Newark insurers know exactly how to use it

A Newark roofer with a seatbelt shoulder injury can wreck a strong claim fast if social posts, gaps in treatment, or fear about immigration status start driving decisions.

ARTICLE by Deborah Cannon

You just got a letter that says your photos, medical records, or witness statement may be challenged for "lack of foundation." That means the other side is saying there is not...

best evidence rule

People often confuse the best evidence rule with hearsay, but they solve different problems. Hearsay is about whether an out-of-court statement can be used to prove what it...

This is the second forklift injury at that Wilmington store, and the "low policy" story may be bullshit

A crushed foot in a Wilmington grocery warehouse can turn into an evidence fight fast, especially when an adjuster starts playing games about policy limits.

ARTICLE by Deborah Cannon

adverse inference

Not a finding that someone automatically lied or lost the case, an adverse inference is a permitted conclusion that a judge or jury may draw when missing evidence would likely...

prejudicial effect

People often mix up prejudicial effect with probative value. Probative value is how much a piece of evidence actually helps prove a fact. Prejudicial effect is the risk that...

An out-of-court statement offered to prove that what it says is true is usually hearsay, and courts generally do not admit it unless an exception applies. That rule surprises...

business records exception

Like a timeclock printout or a hospital chart made during a busy shift, some records are trusted because they were created routinely, close to the event, and not just for a...

What evidence do I need to prove fault after a Middletown collapse hurt my child?

The mistake that costs families the most money is waiting while the scene gets cleaned up. After a collapse, fencing goes up, debris disappears, and everyone suddenly "doesn't...

excited utterance

Miss this rule, and a key statement made right after a crash, fall, or other emergency may get brushed off as hearsay when it could have helped prove what happened. An excited...

present sense impression

A case can fall apart when the clearest statement about what happened gets brushed aside as hearsay. A present sense impression is a statement made while someone is seeing,...

how much does an old MRI cut a Newark scaffolding fall claim

A Newark nursing home attendant fell from scaffolding without fall protection, and now the insurer is trying to turn an old MRI into a cheap denial.

ARTICLE by Charles Postles

Newark hospital missed a spreading infection and now they're blaming a traffic mistake

A bad post-crash infection can blow up the value of a case, and the defense will still try to drag it down by arguing you caused part of the wreck.

ARTICLE by Patricia Hazzard

What evidence do I need if insurer blames my child for a Smyrna pedestrian crash?

The part that surprises most parents is this: the insurer is usually building a fault case against your child on day one, often before you even have the full medical picture....