What is Admissible Evidence?

March 25, 2025

Personal injury litigation in Colorado depends on strong, valid documentation and testimony. However, not all evidence qualifies for use in court. Admissible evidence must meet legal standards for authenticity, relevance, and fairness.

A personal injury lawyer in Denver can guide you through these legal requirements, ensuring that only credible, persuasive evidence supports your case. This article explains what makes evidence admissible and how our skilled attorneys help present only legitimate proof in court.

Legal Standards for Evidence Admissibility

Courts only accept evidence that meets strict legal requirements for reliability, authenticity, and fairness. The Federal Rules of Evidence (FRE) and Colorado state laws outline these standards, ensuring that only credible proof influences a case’s outcome. 

A strong claim depends on presenting legally valid evidence. Below are the standards for evidence admissibility:

Authentication and Chain of Custody

Courts require all evidence to be authentic and properly documented to ensure accuracy and prevent fabrication or tampering.

Establishing a chain of custody helps verify evidence legitimacy by tracking who collected the evidence, how it was preserved, and whether it remained secure. Any missteps in handling or documentation can raise concerns about reliability and lead to exclusion from court.

Relevance and Materiality

Courts only allow evidence that directly relates to the case. Also, every piece of evidence must have probative value, meaning it must prove or disprove something significant to the legal dispute.

Judges assess whether the information meaningfully contributes to the case or simply distracts from the main issues. If evidence doesn’t help clarify a crucial point, it may be excluded.

Hearsay Rules and Exceptions

Courts typically don’t allow hearsay, which involves secondhand statements made outside of court, as it lacks direct verification. However, certain exceptions permit its use-

Medical and business records often qualify, as they follow standardized documentation practices. Also, statements made under oath, in moments of extreme distress, or in a person’s final moments may also be admissible due to their presumed truthfulness.

Expert Testimony and Scientific Evidence

Courts rely on the Daubert Standard to determine whether expert testimony is based on reliable scientific methods. Judges assess whether an expert’s methodology is widely accepted in their field and whether their conclusions are backed by sound research. 

An expert must have the proper qualifications, experience, and credibility to provide testimony that holds up under legal scrutiny.

Types of Admissible Evidence in Personal Injury Cases

Various forms of evidence can significantly strengthen a personal injury claim, including the following:

Medical Records and Expert Testimony

Medical records provide essential proof in a personal injury case by documenting all injuries resulting from the incident. Detailed reports from doctors, specialists, and medical professionals establish the severity of the injury and the necessary medical care. 

Additionally, expert testimony strengthens a claim by explaining how the injuries occurred, the expected recovery process, and any permanent disabilities or limitations. Courts consider this evidence highly persuasive when determining compensation.

Photographs and Video Footage

Visual evidence captures accident scenes, injuries, and property damage with undeniable clarity. Photos, surveillance recordings, and dashcam footage provide objective proof that supports witness statements and expert analysis.

However, courts carefully review timestamps, metadata, and the chain of custody to confirm authenticity and prevent tampering. Judges often consider videos highly persuasive, but they’ll only accept them if attorneys can confirm the footage is accurate and unaltered.

Eyewitness Statements

Firsthand accounts from eyewitnesses provide crucial details about how an accident occurred. Their statements help clarify who was at fault, the conditions at the scene, and the immediate impact of the incident. 

Courts require these statements to be accurate, consistent, and properly recorded to ensure reliability. If a witness cannot appear in court, their deposition—a sworn, pre-recorded statement—may still be used as evidence.

Police Reports and Accident Reports

Official reports document key details about an accident, such as officer observations, witness statements, and preliminary fault assessments.

Courts use them to corroborate other evidence, helping to establish liability. Our team at Boesen Law can guide you through the process of looking up an accident report in Colorado after an accident.

What Evidence is NOT Admissible in Court?

Not every document, photo, or statement finds its way into a trial. Courts exclude evidence that fails to meet the authenticity or relevance test, including the following:

Illegally Obtained Evidence

Courts will suppress any evidence resulting from unlawful practices, such as unauthorized surveillance, illegal searches, or privacy violations. For example, a judge may strike the entire submission if a private investigator uses deceit or breaks trespassing laws to get footage.

Violating these boundaries carries serious consequences, so legal teams must confirm that every piece of evidence was gathered through legitimate, documented methods.

Speculative or Biased Testimony

Unfounded opinions hold little value in a courtroom. Colorado courts want firsthand knowledge supported by tangible facts.

If a witness suggests something might have happened but lacks direct experience or supporting evidence, that statement often ends up excluded. Biased testimony, driven by vendettas or ulterior motives, faces similar scrutiny.

Irrelevant or Unverified Digital Evidence

Screenshots, text messages, and social media posts can be tricky to authenticate. Parties must show how they obtained the content, link it to a specific device or account, and confirm that no edits were made. Metadata, timestamps, and reliable witness statements can help prove that digital materials are genuine.

How a Personal Injury Lawyer Can Help Strengthen Your Case

One of the biggest advantages of hiring a knowledgeable attorney is the ability to assemble all the evidence cohesively to highlight its relevance. At Boesen Law, we can arrange expert evaluations, coordinate interviews with witnesses, and analyze every document for authenticity.

This thorough approach allows us to emphasize materials that adhere to legal standards while excluding any data that might weaken your position. We have decades of experience helping injured clients across Colorado, and we can handle every aspect of your claim to significantly improve your chances of a fair outcome.

We also work on a contingency basis, which means there are no fees unless we win your case. To schedule a free consultation with a lawyer from our team, contact us today.