How Demonstrative Evidence Can Make or Break Your Personal Injury Case
Evidence is an essential element in any personal injury case. A personal injury lawyer will use this evidence to prove the damages the victim sustained due to the accident. Demonstrative evidence is an important element in your lawyer’s arsenal.
The skilled use of demonstrative evidence can make a difference in the amount of compensatory damages a client may recover. Demonstrative evidence can be a powerful tool in helping a jury gain insight into the severity of your injuries and damages.
In this article, we will discuss:
- What is demonstrative evidence, and why is it important in personal injury cases?
- Types of demonstrative evidence
- How to use demonstrative evidence to support your case
- Advantages of using demonstrative evidence in personal injury cases
- Examples of demonstrative evidence in personal injury cases
- Tips for presenting demonstrative evidence in court
What is Demonstrative Evidence and Why is it Important in Personal Injury Cases?
Generally speaking, demonstrative evidence is materials put together by a legal team to explain or illustrate other forms of evidence during a trial. This type of evidence may include witness testimony, pictures and videos, virtual demonstrations, models, and other types of material used for visual presentations.
The purpose of demonstrative evidence is not to shock or upset the jury, but rather to illustrate a point. Visual evidence is crucial to help juries retain and absorb the facts of a case much easier.
Types of Demonstrative Evidence
Before going into the types of demonstrative evidence, let us first discuss the difference between real evidence and demonstrative evidence. Real evidence is the term used for anything, of any kind, that was present or used at the incident. An example of real evidence in an accident claim could be the blood alcohol lab results of a drunk driver, indicating that their intoxication caused the accident.
Demonstrative evidence in personal injury cases, on the other hand, may be any of the following:
- Accident simulations
- Diagrams
- X-rays of broken bones
- Diagnostic films
- Videotapes of the accident
- Sound recordings
- Video animation
- Forensic animations
- Graphs
- Slideshows
- Charts
- Photos of the accident scene
- Anatomical exhibits
- And more
How to Use Demonstrative Evidence to Support Your Case
As mentioned, demonstrative evidence can significantly help in proving damages in a personal injury case.
For example, if you were the victim of a car accident, demonstrative evidence used to show the jury the extent of your injuries and what occurred during the accident may be presented in the form of an accident reconstruction. A medical expert’s explanation of your injuries and the incident may require the use of unfamiliar technical terms and concepts that may be unfamiliar to the average person.
If the jury has a better grasp of the actual injuries sustained and the incident that caused them, this could greatly affect the amount of compensation awarded to the victim.
Advantages of Using Demonstrative Evidence in Personal Injury Cases
There are several benefits to having these types of evidence as part of your personal injury case. Firstly, visual evidence is crucial to help juries retain and absorb the facts of a case much easier. This helps to streamline your case.
Demonstrative evidence is also a key element in presenting a more compelling narrative. It is not uncommon for juries to become bored, overwhelmed, and forget the facts of the story. Having this type of evidence creates a narrative that is easier to follow.
According to California Law, demonstrative exhibits may be admissible evidence. With the judge’s permission, the jury may bring the admitted evidence into the jury room and review this during deliberations. Therefore, if a personal injury attorney wishes for the jury to refer to the demonstrative evidence during deliberation, this evidence must meet certain requirements.
This may help the jury come to a decision that is favorable to the accident victim.
Examples of Demonstrative Evidence in Personal Injury Cases
A common example of demonstrative evidence in a personal injury case would be if an accident victim were trying to prove that their broken leg was the result of an auto accident, the demonstrative evidence needed would include medical records, such as x-rays of their leg taken during the emergency room visit after the collision.
In a slip and fall accident claim, if the victim were trying to prove that their fall was due to the negligence of the property owner, they would need to provide CCTV footage of the accident.
Tips for Presenting Demonstrative Evidence in Court
Throughout the years, the methods of presenting demonstrative evidence at trial have changed, yet its intent has remained constant: to disrupt the routine of court proceedings, explain topics more concisely, maintain juror attention and persuade them.
Here are some tips on presenting demonstrative evidence in court:
1. Show actual evidence – Captivating visuals may be nice, however, jurors must view the factual representations and evidence that they will likely be taking into consideration in the jury room. Essential documentary proof should remain as is, with special attention being given to important passages by highlighting and cropping them for emphasis.
2. Do not discount evidence from witnesses/witness demonstration – Computer-generated reenactments are very helpful, however, do not discredit the benefit of having a witness show what happened during the accident or the aftermath.
3. Keep it short and simple – Jurors can quickly become overwhelmed if too much visual evidence is presented, so it’s important to keep things simple and straightforward. Each graphic should be easily understood and draw the jurors’ attention directly to its most significant part. Utilizing clearly-defined lists, pictures, diagrams, or other types of demonstrative evidence will help maintain focus on what matters for your jury’s decision to be a sound one.
Hire an Award-Winning Personal Injury Lawyer Today!
If you or a loved one have been the victim of an accident due to the negligent actions of another party, you may be eligible to file a personal injury claim.
At Ayuda California, we understand how complex the process of filing a claim can be, even more so when your case ends up going to trial. Hiring a personal injury attorney will help ensure that your rights are protected, and you recover the financial compensation you deserve.
An experienced trial attorney will know what steps to take and how to effectively use demonstrative evidence to win your case.
We have years of experience handling personal injury cases and have recovered millions of dollars in compensation for thousands of clients. We work on a contingency fee basis, which means you won’t need to pay a single cent unless we win your case.
Contact us today at (844) 865-0721 for a free, no-obligation consultation. We are available 24/7!
