FREQUENTLY ASKED QUESTIONS
Arlington, Fort Worth Personal Injury Attorneys
GENERAL QUESTIONS CONCERNING EVIDENCE
Q: What is evidence?
A: Generally speaking, evidence is anything that tends to prove or disapprove an
alleged fact. Evidence may include witness testimony, documents, video or tape
recordings, bills and evidence of expenses, medical records, deposition
testimony, and other tangible things. Evidence must generally be relevant to the
facts and allegations of the case in order to be admissible at trial.
Q: What is circumstantial evidence?
A: Circumstantial evidence is evidence that is based on inference rather than
documents or what a witness saw or heard. Under Texas law, a fact is established
by circumstantial evidence when it may be fairly and reasonably interpreted from
other proven facts. (PJC 1.7).
Q: What does the term “preponderance of
the evidence” mean?
A: At trial, a plaintiff must generally prove by a “preponderance of the
evidence” that what he or she is claiming happened, actually happened.
This means that the plaintiff must show that it is more likely than not that
what he or she is claiming happened, actually happened. Viewed in terms of a
percentage, a preponderance of the evidence means it can be said that there is
at least a 51% likelihood that the plaintiff’s claims are true. Simply
stated, this means that the plaintiff must present stronger evidence for his or
her version of how the accident happened than is presented by the defendant of
how the accident happened.
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Copyright © 2007 Law Firm of Roger "Rocky" Walton, P.C.
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