Visualizing a Car Accident: How We Use Demonstrative Evidence in Your Case
If you have been in a motor vehicle accident and sustained traumatic injuries, demonstrative evidence will likely be one of the first things you and your attorney discuss when it comes to your trial. In fact, this type of evidence is a requirement to prove that the defendant directly caused your car accident and injuries. Without this key evidence, you will not be able to receive compensation or obtain the justice that you deserve.
What exactly is demonstrative evidence?
Demonstrative evidence is the evidence used to visually explain and show everything you or your lawyer state in court. Therefore, while your attorney is speaking and arguing your case, they may be using specific evidence or items to give the judge a visual presentation. The following are some basic examples of demonstrative evidence that may be used in a court hearing:
- Photos
- Video footage
- Animation
- 3D printed items
- Objects
- Drawings
- Diagrams
- Charts
- Slideshows
- Models
As you can see, there are a variety of different items that can be used as demonstrative evidence as long as they accurately demonstrate the facts of your case. The goal is to ensure that the judge, jury, and others fully see and comprehend what happened to you during your car accident.
The differences between testimonial evidence, real evidence, and demonstrative evidence
While demonstrative evidence shows – or demonstrates – what happened to you, your body, your vehicle, and the scene, it is not the only type of evidence.
- Testimonial evidence: Testimonial evidence is when you have an eyewitness or expert witness speak on the facts of your case. The eyewitness will explain what they saw happen, and the expert witness will go over your medical reports and how your injuries may have occurred.
- Real evidence: Real evidence consists of tangible items. These items are physical proof that the judge and jury may look at during the trial hearing. For example, a defective part of a motor vehicle that caused your accident, or the debris that fell off a truck and into your windshield as you were driving, may be used as real evidence. (Sometimes, demonstrative evidence IS real evidence.)
Using demonstrative evidence in a Chicago car accident case
It doesn’t matter who you are; hearing about something that happened does not hold as much weight as actually seeing it happen. However, since the judge and jurors were not there to witness your accident, they cannot go back and see it happen with their own eyes. Therefore, it is up to our skilled car accident attorneys to use visual aids to present what happened to you during the accident as well as get our points and arguments across. Here are six types of demonstrative evidence that we may use to successfully do this:
- Photographs: First and foremost, our car accident attorneys will gather all the photos that we possibly can to use as demonstrative evidence. This may include photos of the accident itself that were taken on your cell phone or photos that our team captured of the accident site or of the vehicles after the accident occurred.
- Medical tests results: If you have broken bones or a slipped disc, we may provide X-ray, CT scan, or MRI results that were taken in the hospital to show what your injuries looked like immediately following the accident. We may even be able to show parts of your medical records to give in-depth details about your injuries.
- Skeletal models: Our lawyers may also use a skeletal model to show the extent of your injuries and how they formed. For example, if the jurors need to see how a slipped disc occurred in your neck or back, we can use the skeletal model to show how the accident caused this to happen.
- Video surveillance footage: Our legal team may use video surveillance footage if available. A business or traffic light near the accident site may have been recording at the time of your accident, which would provide an excellent demonstration of what happened during the accident and who is liable.
- Medical illustrations: Depending on the types of medical treatment you have undergone since your accident, our lawyers may use medical illustrations to show the surgeries, rehabilitation, or medical devices that you have used to alleviate your pain and suffering. This will provide proof of what you have gone through to recover from your injuries since the accident.
- A type of re-enactment video or animation video: We may create a re-enactment video or animation video to show the conditions of your accident and what happened. This type of demonstrative evidence may be beneficial to your case if there are no videos or photos available or if we need more demonstrative evidence showing further details of your accident.
Whether you were T-boned by a distracted driver at an intersection or rear-ended by an intoxicated driver on a highway, you most likely suffer severe and traumatic injuries that you need help proving are the other driver’s fault. At Gainsberg Injury and Accident Lawyers, our lawyers take these cases very seriously and will do everything in our power to make the jurors understand how your accident happened, who is at fault, and the types of injuries and losses you suffered.
If you have recently been in a car accident due to another person’s negligent actions, contact the car accident lawyers at Gainsberg Injury and Accident Lawyers today. We know that it can be difficult to recover from these types of accidents while also getting the legal help you need. Therefore, while you focus on healing, our team will work endlessly to build a strong case against those responsible for your accident. Call our office or complete our contact form to schedule a free consultation today.
Attorney Neal Gainsberg has spent the last 20+ years fighting to protect the rights of the injured in Chicago and throughout Illinois. For dedicated legal help with a personal injury, car accident, or wrongful death matter, contact Gainsberg Injury and Accident Lawyers in Chicago for a free consultation.