What Is Demonstrative Evidence
Suffering from a personal injury due to the negligence or fault of someone else entitles the victim to compensation. Nevertheless, it is not uncommon for insurance companies and liable parties to put up resistance before paying fair compensation.
In such circumstances, the dispute can escalate to trial court and even appellate court. Liability and personal knowledge of substantial danger are determined by a jury in the presence of a trial judge. In the interest of preventing unfair prejudice, the determination of liability is based on evidence, including testimony and physical evidence.
Evidence is used in court to prove a case. Any evidence that can be shown to the jury is known as demonstrative evidence. Relevant evidence is pivotal in any legal proceeding. Without it, a trial lawyer will have no basis for arguments, giving the opposing party the advantage in a case. Demonstrative evidence greatly assists a trial attorney present the case because it allows jurors to see the evidence rather than just hear it through a witness’s testimony. It is generally thought that jurors remember more of what they see than what they hear. It also is more interesting to them to see documents and other evidence rather than just hearing about it.
Read on to find out more about what demonstrative evidence is and what counts as relevant evidence during a demonstrative exhibit.
Demonstrative Evidence: The Basics
Evidence that is deemed demonstrative is any piece of evidence or object that can be shown to a jury. It must accurately depict what it is being offered to prove. For example, a photograph of a damaged vehicle must accurately depict the vehicle as it looked after a crash. Evidence deemed demonstrative and relevant to a case can corroborate testimonial evidence. In other words, such evidence like an email or photograph may tie in with witness testimony, expert testimony, and the statements of the plaintiff and defendant.
In short, if an object or document will assist the jury is understanding the oral testimony, and the document or object can be verified as accurate, it will generally be admissible evidence. However, a trial court’s discretion to include evidence must follow proper legal procedure before being used for demonstrative exhibits.
Examples of Demonstrative Evidence
Anything can count as real evidence as long as it can present a fair and accurate representation of events pertinent to a personal injury case. It is this representative capacity that gives probative value to a piece of evidence.
For example, in criminal trials, the murder weapon and a videotaped deposition can count as evidence. This is because these pieces of evidence have the capacity to tie in with testimonies and other scientific evidence like specimens from the murder victim.
In personal injury cases and other similar trial cases, documents and other physical evidence – like medical records, photographs, videos, and safety documents – are just a few examples of real and demonstrative evidence.
How Evidence Affects Court Proceedings
Any document or object properly admitted as evidence can shift verdicts in favor of the party using it for a case. First, properly authenticated pieces of evidence help a trial attorney during cross-examination and closing arguments. With substantive evidence, the attorney presenting evidence can build a proper foundation of proof for their client’s case.
The most powerful effect that visual evidence has on a case is how it crafts a better narrative for witnesses and the jury. Witnesses and members of the jury can forget or lose track of events and facts. This can disorient both witnesses and the jury. Demonstrative exhibits take pieces of evidence and use them as demonstrative aids. During these exhibits, the testimony tells the story while the evidence becomes a visual presentation. Together, the presentation accurately reflects what happened, potentially swaying the opinions in the jury room in the favor of that attorney.
Hire an Experienced Personal Injury Attorney Who Tells a Compelling Story
Presenting a fair and accurate depiction of events is only part of an attorney’s job. To have the best possible outcome, you need an attorney who can use demonstrative evidence to build your personal injury claim case.
Are you looking for a personal injury lawyer? Learn more about how the law offices of Rossetti, DeVoto can help you in your personal injury case in New Jersey and Pennsylvania. Call us today at 856-354-0900 or reach out online to set up a free consultation.