An essential element of proving damages in a personal injury case in Texas is presenting compelling “demonstrative evidence.” Demonstrative evidence takes the form of “objects, pictures, models, and other elements presented at a trial or hearing to demonstrate the facts the plaintiff is trying to prove.
Pictures Are Worth a Thousand Words in Injury Trials
Being able to present and demonstrate the severity of the victim’s injury in a personal injury case is what 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 comes in many forms depending on the specific fact one attempts to prove.
The Court Must Approve Demonstrative Evidence
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.
Photos of Injuries are Powerful 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 at the time of 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 were a result of 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.
Photos of the Severity of Impact are Persuasive in a Car Accident Case
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 would be 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.
The Lawyer You Choose Matters
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.
Presenting demonstrable evidence is available to both the plaintiff trying to prove the negligence of another or damages and the defendant.
Call (281) 587-1111 for a no-obligation consultation on your injury claim!
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