The way personal injury cases are built is continuing to change, especially with the prevalence of technology and digital evidence. The old strategies of gathering physical evidence are so much easier, but there are also nuances about how the evidence is collected and presented that can have a significant impact on the success of your case.
Not only will your lawyer help with gathering the right evidence and presenting this digital evidence in court, but certain strategies need to be followed throughout the negotiations to optimize your settlement. In many situations, these files are the key to proving fault with digital evidence.
The Best Types of Digital Evidence in Personal Injury Claims
There are many different types of evidence that can be collected. Make sure that you are talking to your lawyer about the admissibility of electronic evidence, to ensure that the evidence you are collecting aligns with your case.
Some of the evidence that might be helpful includes:
- Security Cameras & Dashcam Videos: In our modern world, there are cameras located in so many places. It’s possible that the security cameras or dashcam videos captured the accident on video. This evidence can also be helpful for verifying conditions before/after the accident, as well as other people who were in the area at the time of the accident.
- Smartphone Data: Various communications and data from smartphones can often be used to build the case. Examples include text messages, phone calls, GPS coordinates, as well as photos or videos taken at the scene.
- Social Media Posts: Photos, comments, tags, or check-ins could be used to contradict claims. This is one of the reasons why your lawyer will recommend that you don’t use social media after a personal injury accident, because you need to be careful about digital evidence in court that comes from seemingly unrelated posts (which could reduce or even eliminate your settlement).
- Black Box Data: Many vehicles, including cars and airplanes, have black box data that might be helpful for the accident investigation. We can look at data that is recorded, such as the car’s speed, braking, and impact that is recorded through the black box.
- Medical Records: Not only do you need to protect your health with medical care, but these records are helping for verifying the severity of your injuries. When presenting digital evidence in court, your case might include digital medical files that show details about your injuries and treatment history.
Admissibility of Electronic Evidence: What the Court Requires
There are certain requirements that need to be met in order for the digital evidence to be used in court. Most people don’t know the details about these requirements, which is why it is helpful to talk to an experienced attorney for help with building your case.
The court requires that all digital evidence be:
- Relevant and comes from a reliable source.
- Linked to the case.
- Authentic, including the person who captured the evidence and how/where the evidence was stored.
- How the evidence was collected and transferred.
- Credibility is improved with metadata, timestamps, and a chain of custody.
Your personal injury lawyer will help with collecting the evidence and presenting everything in court. This process involves organizing the digital files so that everything is lined up and linked to the key arguments that strengthen your case.
If needed, your lawyer might bring in expert witnesses who explain the complex technology. For example, if black box data is being used, then a witness might need to be there to explain what the data means. Or, medical specialists can be brought in to interpret the medical files.
When everything is being presented in front of a jury, good visuals are key. We can use this digital evidence in court to tell the story and show the impact using photos, videos, timelines, and more.
Are Digital Photographs Admissible in Court as Evidence?
Yes, there are many times when digital photos can be admitted as court evidence. But we must be able to prove that the photos are real and unedited. Because technology is advancing so quickly (and photos can be faked through AI tools), it’s important to be able to prove the authenticity and validity of the photos.
For example, metadata is essential to support the authenticity of each image, including the date and timestamps, as well as GPS data that is embedded into the digital photo files. The court will usually require the original file from the device that was used to collect the evidence.
How to Present Digital Evidence in Court Without Issues
At Green Law Firm, we follow specific processes to not only collect the evidence, but also to make sure that it will be accepted in court. First, we ensure that there is a clear chain of custody every step of the way – starting with the moment the evidence is captured, through the presentation in the courtroom.
Another important step is to make sure that all digital files are labeled and filed clearly. We make sure that everything is backed up appropriately, in case something happens to the original files accidentally.
Professional systems must be used in order to preserve the data and ensure that everything is explained clearly to the judge and jury.
FAQs
Is digital evidence admissible in court for personal injury cases?
Yes, we can use digital evidence in court, as long as certain legal standards are met for relevance, authenticity, and proper handling.
What types of digital evidence are commonly used in personal injury lawsuits?
Some of the most common types of digital evidence for personal injury lawsuits include photos, videos, smartphone data, black box records, and medical files.
Are social media posts considered valid evidence in court?
Yes, there are many times when either party uses social media posts, check-ins, tags, and other social media info to build their case. For example, this social media information could contradict claims if it shows physical activity that is inconsistent with the injuries that are reported in the case.
Legal Representation You Can Trust: Green Law Firm
If you or a loved one has recently been injured, then it’s critical that you seek legal representation to help build your case. Our expert team at Green Law Firm is here to help every step of the way. We invite you to contact us for more information about the legal services that we offer: (956) 542-7000.
