In personal injury actions, evidence is crucial in proving your case. You must show that a person or organization had a certain responsibility or duty to you, that they breached that duty, and the result was an injury.
For example, all drivers on the road have a duty to act with reasonable care and safety while driving. When a driver breaches that duty by speeding, failing to stop at a traffic signal, texting while driving, etc., and therefore causes a car accident that injures you, then he or she has acted negligently.
Evidence that shows the defendant was negligent can come in a variety of forms. Some examples include:
Photographs and videos can be the most powerful forms of evidence to prove that a defendant was negligent and caused your injuries—and they are easy to get your hands on. From building surveillance footage to the video camera app on your phone, it’s easy to take a video or a picture.
In fact, that is what is so great about using photographs as evidence in a personal injury action. The picture speaks for itself and creates a lasting image that cannot be argued away or forgotten.
The bottom line is that these images can cause a defendant (or the defendant’s insurance company) to settle quickly and at a higher payout than you might have received otherwise. A picture can be worth a thousand words (or dollars!)
On the flip side, pictures can be used against you and may hurt, rather than help, your case. Essentially, if the defendant has photographs or videos of you doing something you should not be doing with respect to your personal injury action, it can cost you thousands of dollars in a possible settlement agreement.
If you are injured as a result of someone’s negligence and bring a personal injury action against the defendant, then you should always assume that you are under surveillance by a personal investigator. While this is not always the case, it is better to play it safe than sorry.
Imagine the following example: You have claimed to the defendant’s insurance company that you suffered soft tissue injuries to your back and neck and that you are precluded from working due to those injuries. You are seeking pain and suffering, medical expenses, and lost wages.
However, during the course of your personal injury action, you forgot that you could be under surveillance and decided to play a quick game of pickup basketball with your buddies. You are moving and shaking and having a great time—and do not appear to be in any pain at all. All of this is captured in photographs and video.
Your demand for all of your claimed damages has suddenly gone down the toilet. You may have been able to reach a great settlement deal, but now you have to settle for a much lower amount.
Photos and images make great evidence, no matter which side of the case you are on. Remember, a picture is worth a thousand words (and can be worth thousands of dollars!)
If you have been the victim of negligence, or think you might have been such a victim, it’s time to contact West Palm Beach personal injury lawyer now at 561-845-2510.
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