Photography, Video and Demonstrative Evidence

In a personal injury claim, everything hinges on evidence. Demonstrative evidence bolsters a case and helps show fault. Without it, it’s impossible to prove a client has been a victim of negligent action.

What exactly is demonstrative evidence? It’s a video(s) and/or image(s) that explains or illustrates an issue in a case. It can also include diagrams, maps, charts, and more.

Among these, photographs and videos are very powerful when used as evidence. A photo of a victim before and after an injury or accident can be extremely convincing for a judge and jury. Aerial video and photography can be very useful in showing a scene from a unique vantage point and giving viewers perspective on the case.

Typically, if photos or video help in showing the type, extent, location, or cause of an injury or a death they’ll be admitted into evidence. The same is true if the photos or videos shed light on the intent of those involved.

Should a personal injury attorney retain the services of a professional photographer? Generally speaking yes. It can be helpful, if not required, to call a photographer to authenticate a photograph, however, even an object or a scene that seems simple to photograph may not be. A professional is trained to understand composition, proper lighting and exposures, and focal distance. They will also understand how to eliminate or minimize extraneous visual information and focus on the subject of the shot.

There are two ways that photographs are admissible as evidence. One is the “pictorial testimony” theory which requires a witness testify that the photographs reflect an event or scene. The second is the “silent witness” theory that says properly authenticated photographs have independent evidentiary value.

There are times when still photographs are inappropriate or not useful in court. In some of these cases, a video showing a scene of an accident or object can be used as a demonstration.

In summary, demonstrative evidence in the form of photography, video, or aerial photos and video can be vital visual evidence that allows a personal injury lawyer to build a strong case for fair compensation for their clients.

Contact us today or call (770) 344-8899 for a quote on capturing demonstrative photos, videos, or drone photos and video for a potential or upcoming personal injury case.

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