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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 in personal injury cases includes “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.
Additionally, the skilled use of visual evidence by Houston’s top personal injury lawyers can significantly impact the damages awarded. 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, tripped, and fallen on another person’s property and attempted to prove that their injuries resulted from the property owner’s negligence, the surveillance videotape could be considered demonstrative evidence. Here is a post about how to maximize 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, such as making a turn or at an intersection, would also be considered items of demonstrable evidence.
Demonstrable evidence clarifies the facts of the case against the defendant for a judge or jury, without inflaming their emotions. It explains to them how the accident occurred or how severely the plaintiff was injured.
Demonstrable evidence can also include facts, charts, diagrams, drawings, and other items that support a witness’s testimony about the event. Medical illustrations showing the surgery and hardware are also included under the term. Some lawyers now use iPads at trial to display digital images 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 convey the extent of any injury or the severity of a car crash more effectively 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. Your injury lawyer’s effort, skill, and experience can mean the difference between winning and losing your case. Always look for a local accident attorney near you.
Get a Conroe personal injury lawyer if you were injured in Conroe, TX. Local car accident lawyers are a good choice for those involved in 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 establishing Baumgartner Law Firm in 1985, Greg Baumgartner has built a reputation as one of Houston’s leading personal injury attorneys, dedicated to representing severely injured victims and families who have lost loved ones due to negligence.
Greg holds two law degrees, a distinction earned by less than 1% of all attorneys, demonstrating his exceptional legal expertise. He is also a prestigious Trial Lawyers College graduate, further enhancing his skills in trial advocacy and litigation.
His relentless commitment to legal excellence and client advocacy has earned him recognition from prestigious organizations, including Super Lawyers, the Top 100 Trial Lawyers, and many others.
With decades of experience, Greg has consistently received top peer reviews. He holds a preeminent rating, a testament to his unwavering dedication to securing justice and maximum compensation for his clients.
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