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.
Pictures Are Worth a Thousand Words in Personal Injury Trials
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.
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 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.
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, 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.
Images Are More Effective than Words in Trials
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
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. 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.
Call (281) 587-1111 for a no-obligation consultation on your injury claim!
Baumgartner Law Firm
6711 Cypress Creek Pkwy, Houston, TX, 77069
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