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Evidence lies at the core of all personal injury lawsuits in Florida and elsewhere.  If you’re bringing an action against the defendant for having caused your injuries, you’ll need sufficient evidence to support your various injury claims.  Likewise, the defendant will attempt to avoid liability by introducing evidence that disproves or weakens your claims.

Not all evidence is admissible in a court of law; however, in Florida, you have a number of tools at your disposal to prevent the introduction of evidence that could otherwise undermine your arguments.  If the defendant attempts to admit evidence that is simply irrelevant or that is unfairly prejudicial, then you may be entitled to exclude such evidence from the case.

Evidence Must Be Relevant

In Florida, evidence is only admissible if it is “relevant” to the case at-hand, and as a general rule, all relevant evidence is admissible (absent some specific legal prohibition).  Section 90.401 of the Florida Statutes establishes the definition of relevant evidence.  Relevant evidence tends to prove or disprove a material fact that is of consequence to the outcome of the action.

What does this mean in real-world terms?

Suppose the plaintiff was involved in a minor motor vehicle accident 20 years ago where nobody was injured.  The Court would likely find that the prior accident is not relevant to how the subject accident happened and that any probative value is substantially outweighed by the risk of unfair prejudice to the plaintiff because it would suggest that the plaintiff was a “klutz” or accident prone.

Probative Value of Evidence Must Outweigh its Dangers

Section 90.403 of the Florida Statutes establishes an exception to the general admissibility of relevant evidence: where the probative value (i.e., usefulness for resolving a disputed and important factual issue in the case) of relevant evidence is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury or needless presentation of cumulative evidence, such evidence will be inadmissible.

Simply put, even relevant evidence can be excluded if it is unfairly prejudicial to your case or if it causes confusion.

Suppose that you are seriously injured in a slip-and-fall accident at a retail store.  The defendant wants to introduce evidence that you worked at the retail store in the past so as to construct a narrative that you disliked your work so much that you are “getting revenge” by suing the retailer for damages.  Though the fact that you worked at the retail store location in the past may have some probative value, it’s arguable that there is a serious danger that admitting such evidence will result in unfair prejudice, confusion of issues, and misleading the jury.  You would therefore be entitled to exclude the evidence from your case.

Schedule a Free Consultation With an Experienced Fort Myers Personal Injury Lawyer

If you have suffered injuries due to the negligence, wrongful acts, or omissions of another person or entity, then Florida law may give you a right of recovery.  In seeking compensation for your various injuries, however, you may find that the defendant is attempting to introduce irrelevant and prejudicial evidence in order to undermine your claim.  Fortunately, Florida law gives injured plaintiffs the opportunity to challenge evidence that is irrelevant, or where there is a danger that such evidence will lead to unfair prejudice or confusion.

Here at Spivey Law Firm, our attorneys have decades of combined experience representing clients in a range of personal injury litigation.  We have proven success in obtaining adequate compensation for our clients, and have effectively navigated all aspects of litigation, which includes complicated evidentiary challenges.

Call (888) 477-4839 or submit an online form today to schedule a free consultation with an experienced Fort Myers personal injury lawyer like Randall Spivey here at the Spivey Law Firm, Personal Injury Attorneys, P.A.