Lights, Camera, Justice: How Video Evidence Can Boost Your Personal Injury Claim

Nov 5

5 min read

The Role of Surveillance Footage in Strengthening Personal Injury Cases

An injury resulting from the carelessness of a person or entity can impact your life in a number of ways, causing you irreparable harm through physical, monetary, or emotional distress.

Depending on the setting in which this incident occurred, however, you may have the opportunity to build a bullet-proof case using surveillance footage from surrounding cameras in your neighborhood or community.

Although surveillance evidence in a personal injury case isn’t always a surefire way to win a judgment, it can be extremely helpful in providing objective and tangible proof of the injury and the moments leading up to its occurrence. Here are some key things to consider if you plan on entering surveillance footage as evidence for your case:

3 Benefits of Obtaining Surveillance Footage of Your Injury

Securing high-quality video footage effectively detailing the incident in question is perhaps one of the best ways to provide an accurate depiction to the court. This is the case for several

reasons:

1. It Upholds the Integrity of Your Testimony

If your testimony can be supported by visual evidence, it can be much easier to establish a duty of care with regard to the opposing party. Such evidence will reveal key aspects that can’t be effectively described by spoken word, such as your real-time reaction to the accident or injury or the immediate aftermath. Surveillance footage can also go beyond establishing your credibility to verifying eyewitness testimony as well, which offers another avenue of corroborating your claim.

2. It Helps the Court to Determine Fault

The defendant may stoop to any means so as to dispute your claim and skew perception in their favor. With sufficient video evidence, however, your attorney can clearly demonstrate whether your injury occurred due to recklessness or negligence, as well as how much fault each party carries. All of these factors will be considered when determining your settlement.

3. You May Reach Settlement Much More Quickly

Like many types of legal battles, personal injury claims can be long and drawn out, which impacts your chances for swift emotional and financial recovery. Should you provide solid video evidence, however, the court can more quickly verify the damages you experienced as a result of the negligence or recklessness of the defendant. Doing so can lead to a more favorable and timely outcome.

Surveillance Footage is Critical for These Types of Personal Injury Cases

Slips & Falls – Slips and fall accidents can be blamed for over a million emergency room visits each year. Their causes cover a range of scenarios such as icy sidewalks, slippery floors, and faulty staircases on the premises of a business or residence. Video surveillance can not only capture the accident itself, but with good resolution, it can also capture the conditions that contributed to your fall.

Workplace Injuries – These types of injuries encompass a number of causes, the most common of which include noise exposure, repetitive motion, and slips and falls. Despite the fact that a vast majority of workplace environments have a surveillance system, obtaining the video evidence can pose a separate challenge altogether. We’ll touch more on that later.

Car Accidents – Car accidents are often captured by traffic cameras, dash cams, or even nearby businesses or residences. Such footage can illustrate each move made by the opposite driver, such as failing to yield, speeding, or otherwise irresponsible driving.

Pedestrian-related Accidents – Pedestrian related accidents, such as being struck while walking or on a bicycle, can also be clarified by surveillance footage. Fault can be established on behalf of the driver if they were not paying attention to the road or if the pedestrian had the right of way, thereby assigning rightful liability.

Potential Hurdles to Consider When Using Surveillance Evidence

Although surveillance evidence can be helpful in a range of scenarios, there are some potential hurdles that can be presented by both the court and the defendant:

Quality of the Surveillance Footage

The court may reject your footage altogether on the grounds of poor evidence quality. Things like bad angles or lighting, far distances, and low video resolution can lead to misinterpretations of the situation or bear little to no impact on the case. The courts will then factor this into their decision to deny the evidence.

Obtaining Video Evidence in Time

As we mentioned previously, obtaining video evidence in time can pose a challenge. This is because private businesses or property owners may not be as cooperative when asked to hand over the footage. When this occurs, you may have to take further legal action to get them to comply. After a certain point however, your chances of obtaining the footage before it is overwritten or deleted become very slim.

Chain of Custody

Obtaining video evidence is one thing, but ensuring its integrity through proper handling poses another concern altogether. Who was the last person to handle the footage? Did they store it properly and is there documented proof of this? And, is there a chance that the defendant could have tampered with the footage? Your lawyer will investigate these concerns in depth to ensure the integrity of the footage is intact.

A Personal Injury Lawyer Can Use Surveillance Footage to Support Your Claim

The impact of an injury sustained due to the negligence or carelessness of others can be disastrous. Such cases can be highly complex, and oftentimes you may deal with a defendant that’s less-than-cooperative when providing surveillance evidence.

But, with a skilled personal injury attorney at your side, your chances of recovering the damages suffered are manifold.

Your personal injury lawyer can compel surveillance footage on your behalf, present it as evidence, and use it to create an accurate depiction of the event and its impact on you. They can also advocate for full disclosure of evidence, ensuring that the courts see the footage in its entirety.

Thinking of Filing a Personal Injury Claim? We’re Here to Help

Pursuing a personal injury case is never a decision that’s made lightly, and talking to a lawyer about your rights can seem intimidating. However, our personal injury attorneys at Loutus Law are here to help you understand the ins and outs of the system and determine your rightful compensation.

Bringing years of experience in personal injury law, we’ve encountered many scenarios just like yours. We’ll provide a guiding presence throughout the duration of your case while ensuring transparency and communication at each step.

If you think you have video footage that can support your case, get in touch with us today for a free consultation at 772-617-0811. We’ll review your case and discuss strategies and next steps to obtaining your compensation.