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Evidence Archives

MVA Rules of Evidence

Wisconsin law has some rules of evidence, which can come up in a motor vehicle accident or car crash case if it goes to jury trial. Most MVA cases settle out of court, but when the parties cannot come to a good settlement, the case may go to jury trial. Jury trials are expensive and unpredictable. In order to bring order to the proceedings, the law has rules of evidence which control what facts are brought before the jury for their consideration and determination. Discussed below are a few interesting rules of evidence that can come up on an MVA jury trial.

Auto Accident Evidence

Auto accident evidence usually consists of the drivers, passengers or other witnesses testifying as to what they perceived at the time of the motor vehicle collision. Also, documents such as medical records or reports may be admitted to help prove or disprove certain elements of a claim, negligence or damages. This is called direct evidence and the jury is free to weigh its credibility. It is not necessary that every fact be proved directly by a witness or an exhibit.  A fact may be proved indirectly by circumstantial evidence.  Circumstantial evidence is evidence from which a jury may logically find other facts according to common knowledge and experience. Circumstantial evidence is not necessarily better or worse than direct evidence.  Either type of evidence can prove a fact.

Medical Record Summaries as Evidence

Medical record summaries as evidence can be submitted in a personal injury motor vehicle accident case or a workers compensation hearing in Wisconsin in one of two ways.  Medical summaries are very helpful in proving medical treatment of a long period of time.  It can be submitted as substantive evidence under Wis. Stats. Sec. 910.06  Summaries:

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