During almost any trial or hearing, you’ll hear your Miami personal injury attorney talk about “demonstrative evidence.” This is evidence such as objects, photographs, videos, models, and other items that an attorney can use to explain things he or she is trying to prove.
Demonstrative evidence can be extremely important in a personal injury case, as it can show the facts of the case that are otherwise difficult to explain. In this day and age, there are many forms of demonstrative evidence a progressive law firm can use to help a case. Here at Lipcon & Lipcon,P.A., we use many tools and resources to effectively demonstrate evidence for our clients.
Real Evidence vs. Demonstrative Evidence
Not all evidence is the same. In a trial or hearing, there may be real and demonstrative evidence. In general, real evidence is something actually involved in the incident. This might be the actual defective seatbelt that opened and contributed to the plaintiff’s spinal cord injury, for example. Real evidence is not a visual depiction, graph, or description of the item, but rather the actual item itself. The courts also consider testimony from an eyewitness “real evidence,” or recorded video/audio footage of the event.
Demonstrative evidence, on the other hand, is evidence the litigator creates to demonstrate an unavailable or intangible fact – or a fact that is otherwise difficult to describe. Demonstrative evidence serves to enhance real evidence, to help the jury understand the points the litigator is trying to make. Demonstrative evidence helps a jury understand the elements of a case and how the incident occurred. It is a comprehensive aid to bring home the most important points of a case. Jurors will consider real and demonstrative evidence in their deliberations.
The Importance of Demonstrative Evidence
The American Bar published a report stating that juries remember 85% of what they see compared with only 15% of what they hear. It is easy to see why a truly effective litigator must use visual aids to demonstrate evidence, rather than just telling the jury the facts. Showing instead of telling makes a more poignant, memorable, and believable argument.
Visual technology in the demonstration of evidence can grab jurors’ attention and keep their minds from wandering. By nature, the courtroom is a bland environment. The average juror could get bored and stop listening to the plaintiff’s attorney in a matter of minutes. Exciting visual aids prevent jurors from tuning out parts of the testimony. They are more likely to remember a visually reproduced accident scene or injury rather than someone’s verbal account of the same.
Modern law involves high technologies such as virtual and augmented reality, interactive videos, and digital accident reconstruction. Attorneys can create digital graphs, charges, and 3D models to help explain bodily injuries and the circumstances of an accident. We can use demonstrative aids such as Powerpoint and digital presentations to explain our points. Visuals are especially important in explaining client injuries – we can use model body parts and expert witness testimony to demonstrate the nature and extent of injuries to a jury.
Come to Lipcon & Lipcon for Cutting-Edge Technological Aids
At Lipcon & Lipcon,P.A. we understand the importance of accurate, touching, and visually engaging demonstrative evidence. We can optimize the effectiveness of our representation thanks to photographs, videos, slides, charts, models, and exhibits. We’ve helped dozens of clients maximize settlement offers and verdict amounts using exciting visual aids, models, and computer programs built specifically for litigators.
Our team knows how to create demonstrative evidence to educate, inform, and simplify the facts of a case. Come to our Miami office for tools and resources suitable for even the most complex, high-stakes personal injury cases.