Video recording is so prevalent that your personal injury lawyer in Lakewood Ranch, FL, is probably assuming it will be part of your personal injury case. While video evidence has saved the day in some cases, it can be a two-edged sword. Here are some ways it can help, and hurt, your case and what you can do about it.
Video is Everywhere
Chances are, whether you were injured in a vehicular or work accident, there is some video evidence of some or all of it somewhere. Even a co-worker taking video of the aftermath can be helpful if it backs up your rendition of events. If it does not, you can be sure the defendant’s attorneys will be using it in court.
Some places video is now common and can catch intentionally or unintentionally evidence in a personal injury case include, but are not limited to:
- Smartphone videos
- Store security cameras internally and externally
- Dash cam footage from taxis, law enforcement and emergency responders
- Traffic light cams
These are just a few examples of how prevalent video evidence is in our culture today.
Why it Can Help or Hurt
Video evidence can be a huge help to a case or a major hindrance, including killing an entire case’s chances of success. This can be the case before and after the incident. Because it is direct evidence, it is almost irrefutable unless it can be proven it was tampered with.
That means it can document someone’s negligence or a dangerous work environment, injuries because of an incident or how the guilty behaved in the aftermath. It also, though, can refute claims, particularly if the claimant is caught on video behaving in a way that undermines their personal injury claim.
For example, store or cell phone video can capture an aisle that is wet and slippery, leading to a customer falling and injuring themselves. In that case, the video is compelling evidence the store was negligent in maintaining a safe environment.
It also, however, can show a plaintiff spilling a drink and then slipping or staging an incident. In that case, the plaintiff’s accusations of negligence would quickly come undone.
The following are some general rules regarding video evidence and your case:
- Your attorney will look for video evidence that substantiates your version of events.
- The opposition will look for video evidence that tears your version down.
- You should assume that you are always on camera – before, during and after an incident
Tell your personal injury lawyer in Lakewood Ranch FL, about any video that you know exists when you have your initial consultation. Then, always be aware that you might be on camera and not even know it.