Hello and welcome to the Millennial Lawyer Podcast with personal injury attorney Mark Shirian. I am your host Kevin Rosenquist and today’s episode is building a strong case, the essential evidence in personal injury law. Mark, good to see you again. Thanks for being here. 

Great seeing you too, Kevin. 

Alright, so can you explain the different types of evidence that are critical in personal injury cases and how each type contributes to building a strong claim? 

Absolutely. So, in personal injury cases, your evidence is the backbone of your case. It’s what

turns a story into a claim. Uh, you’ve got several key types. First, there’s physical evidence like, you know, in a damaged car from a car crash or a defective product. You know, it’s tangible proof of what went wrong. Then, you’ve got documentary evidence. So, medical records, police reports, paystubs showing lost wages. These paint a clear picture of the injury and its impact. Eyewitness testimony adds a human layer. Someone who saw the accident that can corroborate your version of events. Expert testimony like from a doctor or accident reconstructionist brings authority and explains complex details to a jury. Finally, digital evidence which is only growing these days. Uh so photos, videos, text messages can capture the

moment and its aftermath in real time. So each piece interlocks to build credibility, prove liability and show damages and without one the puzzle is incomplete. 

We’ve talked I think in the past about social media evidence too, right? As far as digital like that actually can kind of come into play at times, right?

Absolutely. especially if it’s public. Everyone for the most part has access to anything that’s on social media if it’s public. 

Is there any type of evidence that’s more impactful than the other?

Well, I find that these days juries really like to see videos. They like to see something that’s tangible. You know, if there’s a video of the incident, it obviously paints a clear picture of what transpired. So, I would say more visual evidence has been very positive for jurors as far as figuring out what actually transpired. 

That makes sense. With the rise of video on our phones, you know, between TikTok and YouTube and everything else, that makes sense. For sure. What are the most common challenges that you’ve see seen clients face when gathering evidence for their personal injury case? 

Time and access are the big ones. Uh, evidence doesn’t stick around forever, as you know. Sure. Skid marks fade. Security footage gets overwritten. Witnesses forget details. Clients often don’t realize how fast they need to act. Yeah. So, another hurdle is knowing what’s relevant. They might overlook a text message. Admitting fault or underestimating a doctor’s note. Uh then there’s the emotional side. So,

clients are injured, they’re stressed, gathering evidence feels overwhelming, especially if they have medical appointments to go to, you know. So, insurance companies don’t make it easier. They’ll push back or delay hoping evidence gets lost. So, the key is acting quickly and leaning on a lawyer to guide them through the chaos in the process. 

How quickly do you recommend people get a lawyer? Is it pretty pretty much right away like as

soon as they’re physically okay to do it? 

ASAP. Because like I said with the surveillance video, you would think it’d be around for 30 days. Sometimes it’s less than that. It could be 14 days. So yes, ASAP. So at my office when we get, when we sign up a case, we send a letter of notice of representation immediately and that includes preservation notice to preserve as much evidence as possible. So it is important to act quickly. 

Yeah. And it’s we’ve talked on this podcast before about, you know, you don’t know what you don’t know. And if I got in an accident, I wouldn’t really know what to do. I mean, I would know better because I’ve talked to people like you, but a lawyer can help make sure you get everything in a holistic kind of kind of approach to a case. 

Absolutely. 

And we’re very much on top of that. You mentioned eyewitness testimony before. How impactful is that in personal injury cases? And what can clients do to help secure these testimonies? 

Eyewitness testimony can be a gamechanger. It’s a live, unbiased voice that can tip the scales when it’s

your word against theirs. So, it’s especially critical in cases with no video or conflicting stories, but it’s not foolproof. Memories fade, and credibility matters. Clients should move fast. Get names and contact info at the scene if possible or ask around later. A quick statement recorded on a phone can lock in details while they’re fresh. So, if it’s too late for that, a lawyer can track down witnesses and take formal depositions. The sooner you secure it, the stronger it holds up. 

Yeah. And I think that you know you mentioned that memories fade. Do, in your experience, are people willing to give video testimony sort of at the scene some a decent amount of the time? 

Not all the time. Yeah. But what I have seen is especially in motor vehicle accident cases. Police report if there is a witness it should be indicated on the police report the name at least the phone number of the witness. So once you have that, uh, it kind of helps with tracking down these witnesses. But yeah, that’s an issue. Not necessarily are witnesses willing to come in and testify for a deposition, especially if there’s

nothing in it for them. Yeah, that’s the thing. Because it’s like it’s just out of the goodness of their heart that they do this stuff. So sometimes it’s hard to motivate people. 

For sure. Exactly. It’s out of the goodness of their heart to come in and take the time out of their day to do all that. 

Yeah, for sure. 

For sure. Let’s unpack medical records a little bit. Can you discuss how big of a role that medical records

and documentation plays in establishing the extent of the injury sustained in an accident? 

Yeah, medical records are the heartbeat of a personal injury case. Uh they’re objective proof of what the accident did to you. So, broken bones, torn ligaments, chronic pain, uh they show the diagnosis, treatment, and prognosis. They document, you know, the date you first went in for treatment and what your complaints were. So without them you’re just claiming that you’re hurt. You don’t have any doctor’s

word backing you up. Uh you know they also quantify damages. So think medical bills, rehab costs or future surgeries. The trick is consistency. Gaps in treatment or vague records can weaken your case. So detailed, timely documentation is non-negotiable. You know, a lot of times clients discuss or mention ways they’re damaged by a case, but if it’s not in black and white, it becomes impossible to substantiate your damages. So, medical records will, you know, obviously help to substantiate your damages. 

You know, you mentioned accident scene evidence like video and photos and police reports and all that. with video footage, do you just typically, you know, depending on where the accident is, just sort of visit different businesses around the accident to see if anyone’s got a camera facing that direction? 

Well, the trick would be  to either subpoena the establishments or traffic cameras in that area, you are sending letters of preservation to those businesses to preserve evidence that they may have that would be helpful to the case, and shine a light as to what occurred. So, these are things that we do. Video footage like dash cam, security cameras, it’s gold and it’s like a time machine for the jury. 

Are you finding that more and more people have dash cams? 

I’m seeing that a lot, especially with the Uber and Lyft drivers. 

Yeah, you’re seeing that a lot. You’re seeing that a lot. So, yes. Yeah. That’s got to be hugely helpful for someone’s case. I mean, assuming they’re not at fault. 

Absolutely. And you see that a lot in Teslas. We’ve, you know, we’re in the middle of a case right now where liability is not contested because, you know, the other vehicle actually was a Tesla and the entire incident was on video and it’s clear that the other vehicle had swiped sideswiped our client’s vehicle. So, in that case, it’s just a question of damages. We’ve already conceded liability because of what the video already indicated. So, I’m seeing that more and more where the video is actually built into the uh built into the vehicle like in Teslas. Yeah. 

Yeah. For sure. How do you advise clients as far as preserving digital evidence such as social media or text messages that could be relevant to their claim?

Well, digital evidence is a double-edged sword, right? Can help or hurt. So, preservation is critical. You know, I tell clients, don’t delete anything. texts admitting fault, photos of the scene, even social media posts about the incident. Screenshot it, save it, back it up. Don’t post anything new that could be twisted. If it’s on the device, don’t let it get wiped or lost. Hand it over to your lawyer ASAP. We can authenticate it and protect it legally. Uh it’s about controlling the narrative before the other side does. 

Are there any innovative strategies that you use to gather and present evidence that have led to successful personal injury claims? One strategy is going beyond the obvious, uh, like using drone footage to recreate an accident scene in 3D for the jury. Like I said before, it’s visual, immersive, and sticks with that. Other tapping unconventional witnesses. So, think of a delivery driver who saw the crash but wasn’t on the police report. I’ve also used uh wearable tech data like a Fitbit record showing a client’s activity drop post injury to prove impact. 

You know, that’s really interesting. I wouldn’t have thought of that. That’s a really good idea. 

So, presentationwise, timeliness, syncing medical records with photos and testimony can turn a messy case into a clear story. So, it’s about creativity and making the evidence safe.

Yeah, that’s good. Well, you are the Millennial Lawyer, so you’ve got to be able to have use the current

technology, right? 

Exactly.  That’s what’s expected of the millennial lawyer. 

Yeah. Alright. Well, thanks for tuning in to the Millennial Lawyer podcast with New York litigation attorney Mark Shirian. To connect with Mark, visit shirianpc.com and please be sure to like and subscribe to our channel and leave us a review. Mark, always great having you. Thanks so much for your

time. 

Thank you so much. 

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