A number of video production companies create personal injury videos for use in legal proceedings, including litigation, mediation, and arbitration. But is it appropriate to turn to celluloid in a case?

Videos that show how an injury affects a plaintiff, or how an accident occurred, can be helpful to a decision-maker like a juror, judge, or arbitrator. However, such videos can also be challenged on a variety of grounds.

Here are some common types of videos used in personal injury cases, along with their pros and cons:

Is the Video Admissible in Court?

In addition to the hearsay hurdle which must be cleared before an injury video is admitted into evidence, a plaintiff generally must also be able to prove that:

  • The injury video is authentic (i.e., it wasn’t staged or manipulated);
  • The video is relevant to understanding an issue in the case; and
  • The video’s probative value outweighs the prejudicial aspects of the video (i.e., that the emotionally charged evidence doesn’t hinder the truth).

The admissibility of personal injury videos will differ, depending on the circumstances of your case and what you’re trying to prove. And remember that the opposing party can try to object to the video’s use for a variety of reasons.

So if you think you’re ready for your close-up, it may be best to consult an experienced personal injury lawyer first.

Related Resources:

  • Personal Injury Law: The Basics (FindLaw)
  • First 3 Steps to Take in a Personal Injury Case (FindLaw’s Injured)
  • 5 Common Ways to Lose a Personal Injury Lawsuit (FindLaw’s Injured)
  • How Much Is Your Personal Injury Case Worth? (FindLaw’s Injured)

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