Demonstrative Evidence in a Personal Injury Trial

Written by Greg on June 14, 2013

Demonstrative evidence is evidence that is evidence other than testimony in the trial of the case. Demonstrative evidence in a personal injury trial can be such things as a photograph of a wrecked vehicle, the accident scene, or even a medical depiction of the injuries sustained by the victim.

The importance of effective use of demonstrative evidence can not be overstated. This is particularly true when it comes to issues such as medical conditions and medical treatment. It is very important for the personal injury attorney to be able to convey to the jury, a clear sense of what the injury is and the medical treatment for that injury.

Medical Exhibits to Prove the Case

Typically, x-rays or MRI reproductions or illustrations can be used in conjunction with a treating physician testifying about the medical condition. The old saying that “a picture is worth 1000 words” certainly applies in personal injury lawsuit. xray trial exhibit

The more complex and the case, the more demonstrative evidence is important to simplify the issues and allow the jury to understand the facts. Demonstrative evidence can also be used in explaining how an accident occurred and one of the easiest methods is for a model to be used. Many expert witnesses use reproductions or computer animations to explain the accident scenario.

In the old days, graphs and charts were used to convey information on an image basis. With the rapid increase in technology, once we had to outsource trial exhibits and today many of the same trial exhibits can be produced in house at little expense.

Timelines are now created by apps available in almost every operating system. Photo editing is now even available on mobile devices like the iPhone. Movies and videos can now be produced in-house at a fraction of the cost just a few years ago. At one time the cost was excessive to create a day in the life film or other demonstrative aid.

A car accident lawyer can show digital photos on a large screen without having to pay for expensive blow ups. Google Maps can show the accident scene from an aerial view easily.

Trial Presentation Made Simple

Technology has also allowed trial attorneys to use tools such as the iPad to reproduce on a screen the trial exhibit or demonstrative aid. Having the ability to pull up an image at the touch of a finger is a very powerful tool for the personal injury practitioner. Here is a list of the best apps for trial lawyers.

Many plaintiffs personal injury attorneys and also defense attorneys have gone to the iPad as a tool in lawsuits.

Technology for trial lawyers has advanced leaps and bounds over the last few years and costs to present to the court have also dropped. Digital exhibits can be created and show for a fraction of the cost just a few year ago.

When used in conjunction with testimony from a live witness, demonstrative evidence is a necessary and powerful tool in a personal injury trial.

Baumgartner Law Firm

6711 Cypress Creek Pkwy

Houston, TX 77069

(281) 587-1111

Posted Under: Personal Injury
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