Using Videos in Personal Injury Cases

Friday, December 20, 2013

Using Videos in Personal Injury Cases

Written by Malman Law, reviewed by Steve J. Malman.

There are video production companies that create videos for use in court during personal injury cases. These videos are used in nearly every step of a proceeding, including litigation, mediation and arbitration. In spite of their professional production and potential helpfulness in a case, videos explaining a plaintiff’s injuries or displaying accidents may not actually help claimants.

Before attempting to bring video footage into your personal injury lawsuit, you should first discuss the decision with a personal injury attorney, who can help determine if videos would truly assist you in the litigation process.

Types of Videos Used in Personal Injury Lawsuits

There are several specific types of videos that can help judges, jurors or arbitrators make decisions in a case, although they are not without their cons:

• Daily routine videos help reveal to jurors how a plaintiff’s life is made difficult following an injury. Even if an injury may seem minor to judges and jurors who haven’t experienced it or witnessed the accident will be able to see that the plaintiff isn’t exaggerating or simply putting on an act.
• Deposition videos are also potentially helpful tools in court for witness impeachment, providing jurors with a clear view of a person’s body language. Unfortunately, a person’s body language may negatively affect them, depending on how they act on tape. Also, certain people such as those with social anxiety, disabilities, or overconfidence may find that deposition tapes negatively affect their case. Personal injury lawyers will be able to help decide if deposition tapes will assist you in court, along with other videos.
• Accident reconstructions—if professionally produced using animations or expert witnesses who can effectively explain the accident—are extremely useful in many injury lawsuits. However, these videos may conflict with out-of-court statements.
• Wrongful death videos sentimentally discussing the life of a wrongful death victim are less effective in helping settle a case, but they may help jurors identify and sympathize with the plaintiff for their loss. Although these videos may affect jury decisions, it’s mostly the financial loss experienced by the family that will help determine the final settlement.

In addition to quality videos that may help your personal injury case, you should make sure you have an experienced personal injury lawyer representing you. An attorney will be able to help you build your case and advise you on the use of video footage in your case.