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February 28, 2018 by Greg Baumgartner
An essential element of proving damages in a personal injury case in Texas is presenting compelling “demonstrative evidence.” Demonstrative evidence is “objects, pictures, models, and other elements presented at a trial or hearing to demonstrate the facts the plaintiff is trying to prove.
Being able to present and demonstrate the severity of the victim’s injury in a personal injury case separates one lawyer from another.
Also, the skilled use of visual evidence by the best personal injury lawyers can make a difference in the amount of any award of damages. Useful demonstrative evidence can be the key to helping your jury understand the severity of an injury.
Demonstrable evidence in personal injury trials comes in many forms depending on the specific fact one attempts to prove.
Demonstrable evidence must first be approved for use by a judge and must be probative and not prejudicial. Gruesome photographs of a dead person or the severed body parts of a person killed in an auto accident might be deemed too shocking and thus prejudicial to be admissible. Still, the best fatal accident attorneys will fight to show graphic evidence.
In a personal injury case where a person is trying to prove that their broken leg resulted from an automobile accident, demonstrable evidence would include x-rays taken of their leg during the emergency room visit following the crash.
Medical evidence to prove a personal injury claim is enhanced by demonstrative evidence.
If a person had slipped or tripped and fell on another person’s property and was trying to prove their injuries resulted from their negligence. In that case, the surveillance videotape could be considered demonstrable evidence. Here is a post about how to get the most compensation for my injury.
Often, a treating Doctor will use demonstrative evidence to explain the treatment and extent of the injury.
In a case where a person was killed due to the negligence of another, one would look for ways to show the jury forensic evidence that could prove the negligence of the other party or the mechanism of injury.
Photographs of automobile accident damage, maps of the streets where the accident occurred, and animations of a vehicle’s movement making a turn or at an intersection would also be considered items of demonstrable evidence.
Demonstrable evidence makes the facts of the case against the defendant clearer to a judge or a jury without inflaming their emotions. It explains to them how an accident occurred or how severely the plaintiff was injured.
Demonstrable evidence can also be the facts, charts, diagrams, drawings, and other items that support the testimony of a witness to the event. Other things included under the term demonstrable evidence include medical illustrations showing the surgery and hardware. Some lawyers now use Ipads at trial to digitally show pictures and other evidence.
The evidence presented in a personal injury trial must be relevant to the case. Fighting over the admissibility of some evidence by both sides is always part of a trial.
A photo can communicate the extent of any injury or the severity of a car crash much better than words alone. Plus, a photo will be more trustworthy than simply explaining the facts.
The old saying a picture is worth a thousand words is true in personal injury lawsuits.
Houston personal injury lawyer Greg Baumgartner
It is the job of a skilled personal injury lawyer to obtain the evidence and represent the facts about a client’s accident as clearly and succinctly as possible, and the effort, skill, and experience of your injury lawyer can mean the difference between winning or losing your case. Always look for a local accident attorney.
Get a Conroe personal injury lawyer if you were injured in Conroe, TX. Local car accident lawyers are a good choice for an auto accident.
Presenting demonstrable evidence is available to both the plaintiff trying to prove the negligence of another or damages and the defendant.
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Since founding the Baumgartner Law Firm in 1985, Greg Baumgartner has established himself as a leading personal injury attorney in Houston, Texas, with a focus on representing severely injured accident victims and families who have suffered the loss of a loved one. His commitment to excellence in legal advocacy has earned him recognition from prestigious organizations, including Super Lawyers and the Top 100 Trial Lawyers and others. With decades of experience, Greg is consistently peer-reviewed and holds a preeminent rating, reflecting his dedication to achieving justice for his clients.
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