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What Is “Demonstrative Evidence” in a Car Accident Injury Claim?

Young woman in courthouse with judge and lawyer

How Demonstrative Evidence Can Help Prove Your Case

If you are injured by another person’s negligence, you may need to prove your case in order to obtain compensation for your damages. In order to prove your case, you will need to rely on different kinds of evidence. One of the most influential types is demonstrative evidence that illustrates the testimony of a witness.

All evidence must be admissible to be used at trial. Without the help of an attorney, you may be hard-pressed to create the evidence that you need to prove liability, your injuries, or other aspects of your case. This is why it is crucial that you choose an experienced and trustworthy attorney to represent you if you are injured in a car accident. 

What Are the Types of Evidence?

Evidence is generally classified as either real, testimonial, documentary, or demonstrative. To further understand each type of evidence and how it may apply to your case, it is within your best interest to consult with an attorney.

Types of evidence:

  • Real evidence is physical evidence that is material to the case. Real evidence is generally something that is tangible and was involved in the accident, such as a piece of the wreckage from a car crash or any other damaged property.
  • Testimonial evidence is testimony that is provided by a witness. Testimonial evidence can be provided by an eyewitness, a party to the accident, an expert witness, or another person that may have vital information about an issue in the case. In car accident cases, this can be a pedestrian who saw the accident happen, medical staff who treated your injuries immediately after, or law enforcement who responded to the call.
  • Documentary evidence comes in the form of any documents that are presented during the case. Documentary evidence may include but is not limited to police reports, receipts, and medical bills.
  • Demonstrative evidence is anything that is used to illustrate witness testimony. It is usually used to clarify testimony that may be confusing or to provide a visual for the jury. You can’t always bring your wrecked vehicle into the courtroom–in fact, it is almost always frowned upon–but you can usually include a photo as demonstrative evidence. You may also share an accident reconstruction model or even x-rays and other medical images regarding your injuries. 

Each type of evidence is important and must be shown that it is authentic, material, and not prejudicial. Gathering proper proof, witnesses, and testimonial is one of the most important parts of your trial and can have a major impact on the overall decision in your case. 

What Are Examples of Demonstrative Evidence?

Demonstrative evidence can be critical in helping the jury understand anything that may be complex or confusing in your case. It is part of the human condition that we can truly only understand things that we have some basis of experience in. Judges and juries are more likely to comprehend complicated testimony if they have a visual presentation to help bridge any possible experience or knowledge gap. 

Examples of demonstrative evidence:

  • Photos and videos
  • Slides
  • Diagrams
  • Charts and graphs
  • Models and anatomical replicas
  • Computer animation
  • Drawings and illustrations

As with other types of evidence, all demonstrative evidence must be relevant and must be a reasonable representation. Additionally, it cannot be misleading. Demonstrative evidence should be used to inform the jury or explain a fact of the case. In cases with extensive injuries or where there is a question of liability, it can prove critical.

How Can An Attorney Help?

An experienced attorney plays a critical role in helping you choose and present the right evidence for your car accident injury case. By leveraging their legal skills, knowledge of procedural rules, access to experts, and experience in presenting evidence effectively, your attorney can significantly enhance your chances of success in your car accident injury case. 

The right attorney will guide you through every step of the process, from evidence collection to courtroom advocacy, ensuring that your rights are protected and your case is presented in the best possible light.

Contact Our Office for a Free Case Evaluation

Were you injured in a car accident? Contact Freeburn Law to learn how we can help. We serve clients all throughout Central Pennsylvania. Call our office today at 717-929-8359 to schedule a free case evaluation.

At Freeburn Law, we put you first. Our legal team has represented thousands of clients and will work hard to ensure that you receive the best possible outcome in your case. Give us a call today to learn more!

At 70yrs. of age, I have never been in a car accident, nor have I ever had a moving violation! So, needless to say, that the trauma of being involved in an accident that I did not cause, where my car, (which was only 6mos. old) was totaled!) and I received 2 broken bones in my left ankle that warrented surgery…was nothing short of devastating! It’s been 9mos. and I’m still healing! But while I was in the ER, the only injury attorney’s name and number that came to my mind was Freeburn and the 7’s! Well, in came Ryan McDaniels, and ever since that initial encounter at my home, I was thoroughly convinced that the Lord had orchestrated it! This young man’s demeanor, personality, and integrity was awesome! He kept me well informed and I trusted him emphatically! Not only him, but everyone in their office, showed me the utmost respect and courtesies! I would, without any reservations, refer anyone who asked me, to this firm! They made for me a wonderful experience from the most devastatingly, traumatic situation I’ve ever had! Definitely 2 thumbs up!