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How Video Can Play a Starring Role in Your Personal Injury Case

Posted on - Monday, May 4, 2015 under Personal Injury

Cameras are everywhere. Security cameras in businesses, dashcams in police cars, and, of course, the cellphone cameras all of us now carry in our pockets – if something happens, it probably happened on video.

With the explosion in how many locations and how much of life now seems to be captured on video, it is no surprise that video is playing an increasing role in personal injury lawsuits. Sometimes, a video can help an injury victim, while other times videos can be used by insurance companies and defendants to attack or undermine a plaintiff’s claims.

There are three primary ways in which video can be used as evidence in your personal injury case

Videos Specifically Produced for Trial

You may have all of the medical records and expert testimony in the world to describe the physical and emotional pain or day-to-day challenges you face after your injury, but it can all sound like so much abstract or incomprehensible medical terminology. Compare that to a video shot showing how hard it is for you to walk, or your struggle to get out of bed or into your car.

Such images in what are called “day-in-the-life” videos can be powerful and convey the practical realities of the injuries you are claiming to have suffered and are seeking to be compensated for.

Sometimes, in wrongful death suits, a video may be created to show details about the victim’s life in an attempt to humanize and put a face on the loss that their loved ones have suffered.

Deposition Videos for Impeachment

Almost every witness called to the stand in a personal injury trial has already had their deposition taken in the lawsuit. When a witness at trial testifies in a way inconsistent with their deposition testimony, the opposing lawyer can use those deposition statements to “impeach” the witness and undermine their credibility. If the deposition has been videotaped, a clip can be shown to the jury, making that inconsistency much more powerful than if the attorney simply read back the previous statement from a written transcript.

Surveillance Videos

Insurance companies and defense attorneys often conduct investigations and surveillance of a plaintiff after a lawsuit has been filed, hoping to find evidence that will contradict the plaintiff’s claims that they are suffering from debilitating injuries. If, for example, a plaintiff who is claiming that they are in constant pain and can barely move is caught on a video skiing or lifting heavy pieces of furniture, that video can be shown at trial with devastating effect on the plaintiff’s claims.

We all know how powerful movies and videos can be – that’s why we shell out $8.50 for a small popcorn or hundreds of dollars a month for cable. In a personal injury lawsuit, video can be just as powerful, and it can be used to either increase the likelihood of a positive outcome or undermine the chances of recovering any damages at all.

At The Parian Law Firm in metro Atlanta, Georgia, we represent injury victims exclusively and are committed to getting justice and compensation for our clients. Please contact us at (770) 727-5550 or chat live online with a member of our staff today.