The Importance of Photos and Visual Evidence in A Personal Injury Case

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By LawGC

Legal

A personal injury case will stand or fall on evidence, and visual evidence plays a big role here. The earlier you take your photos, the stronger your case will be. 

“You can also use video to capture witness accounts of the accident right at the scene. This way, you will have a reference point for details that may have been lost from their memory over time,” says personal injury lawyer John Yannone of the Price Benowitz Accident Injury Lawyer, LLP

They do not have to be professional-grade photos; all you need is your phone. It is not only pictures, but video is also vital. As long as you can do it, ensure you document everything visually. 

This guide looks into the critical role played by photos and visual evidence in proving a case, plus a few tips on how to maximize their effectiveness. 

Establishing responsibility

Visual evidence can help solve a rather complex case. Take, for example, a situation where you hit another driver in the rear. In most cases, the assumption is that the driver who hit the other in the rear is at fault. 

But if you have video evidence, say, dashcam footage, to show that the actions of the leading driver led to the accident, it will be pretty easy to get off the hook. Even photos can be used to reconstruct an accident and help the court determine responsibility. 

Record Keeping

Memory fades over time, and if you rely on it alone, you may forget critical information that could alter the outcome of your case. With visual evidence, you freeze the moment, and all you need to get a clear recollection of what happened is to look at the photos or video. 

A reliable place to store video evidence is in the cloud. Even when your phone is lost or something happens to it, you will still have access to it. Videos are also an incredible tool for jogging your witnesses’ memories when it’s time for them to testify in court. 

Support Witness Testimonies

The opposing side will always try to tear down whatever evidence you present, and unless you back up your evidence, you will have quite a challenge convincing the court. Visual evidence becomes your saving grace here. If there is visual evidence to back up testimonies, there is very little wiggle room for the at-fault party. 

Admissibility of Visual Evidence

When it comes to getting your photos and videos into the courtroom, you are in luck because visual evidence is usually pretty straightforward to admit, provided it meets certain criteria. 

The key here is ensuring that these images or clips accurately represent the scene without alteration. As long as your evidence is not manipulated and directly relates to your claims, courts generally give it a thumbs-up. 

Just make sure you are ready to explain how and when these visuals were captured—that will help smooth their path to being considered legitimate proof by the judge or jury.

Capturing Compelling Visual Evidence

To ensure the most impact, your photos and videos should be as clear and comprehensive as possible. Snap multiple angles of the scene to capture every detail from vehicle positions to road conditions and nearby signage—all these elements tell part of the story. 

Video should also be stable and clear, so try to keep a steady hand or use a mount. Remember, timing is everything; capturing footage immediately after the incident helps preserve the authenticity of the scene before any changes occur. Date and time stamps are also invaluable for reinforcing the timeline of events.

Seeking Professional Legal Assistance

Navigating the complexities of a personal injury lawsuit can be daunting if you go it alone. Consulting with an experienced attorney not only ensures that your visual evidence is presented effectively but also helps in handling all the other legal nuances. 

Lawyers know exactly how to frame your evidence to tell a compelling story and protect your rights throughout the proceedings. Plus, their background and skills could significantly boost the potential for a favourable outcome. 

 

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