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Video Surveillance Is Used in Personal Injury Cases



Today no one needs a private investigator to get the exact footage. It is easy and almost effortless to get instant access to information today. All thanks to smartphones, due to which video formats that can be used to record someone without even informing them. This easy access has made video surveillance very useful in the field of assisting in multiple legal proceedings. These include personal injury cases as well. In fact, in the process of defending; most of the insurance companies employ video surveillance.

There are various types of cases that involve video surveillance. As far as personal injury cases are concerned, video surveillance may be used in cases involving a car accident, truck accident, workers’ compensation cases, slip and fall cases and others. A majority of the personal injury cases involve insurance companies that may ultimately be responsible for paying out compensation to accident victims. Thus, most of the cases that involve an insurance company usually involve video surveillance.

It is likely for insurance companies to use video surveillance at different stages in the proceedings. They even tend to use video surveillance in their assessment of a claim. Sometimes there are two different stories about how an accident occurred. In such cases, objective video evidence can be the crucial determining factor. Claims adjusters are mostly able to review video footage that was made at the time of the accident in order to know in-depth about how an accident really happened.

A large number of insurance adjusters use video surveillance as part of their investigation. They even record a victim’s conduct after the accident to see whether the victim’s actions after the accident correspond to the claim.

However, one needs to keep in mind that insurance adjusters need to abide by the law. Thus, they should not disturb the privacy of the victim in order to acquire video footage. In short, they are not supposed to peer through a window. But, insurance adjusters can usually obtain the footage that they desire in a public setting. Such settings include restaurants, grocery stores, parks, roadways or other areas that are pretty accessible to the public.

When an audio record of someone can be made, certain rules need to be abided by. Some states require the party to consent to the audio recording before it is made. Thus, the footage might need to be without any audio in these states.
This footage is pretty used to dispute liability as well. Though it comes mostly into the picture when insurance companies make attempts to use video surveillance. They do this to demonstrate that an injured victim can perform activities that they said they could not do or that is not good for their injuries that they have claimed for.

When the case goes to trial, the insurance company may attempt to use this footage to show that the victim was making up or exaggerating injuries. This type of footages can certainly have a direct impact on the victim’s credibility and call into question the claim. A personal injury lawyer can take measures to refute defense party’s attempt or to discredit the victim’s claims with the use of video surveillance.

Apart from video surveillance, insurance companies might also use other methods to monitor a victim’s actions after an accident. Adjusters may look into all of the victim’s social media accounts for mention of vacations or pictures of the victim performing activities that do not go in sync with the victim’s alleged injuries. They might also come up with relevant questions and direct them to the victim’s neighbors, coworkers and others involved in his or her life. Such questions often help the attorney to obtain evidence to use against the victim.

When you are injured in an accident caused by another party’s negligence, you should wish to contact a personal injury lawyer. A personal injury lawyer is a right person who can advise the victim of his or her rights. The lawyer might even give suitable recommendations to the victim about activities to avoid or how to determine if the victim may be under surveillance.

Most of the personal injury lawyers know the intricate defense tactics. Thus, they can take proper combatant steps to discredit the victim’s claims and to protect the victim’s right to complete recovery.

Thus, video recordings can easily help resolve a case. It might as well be said that video can make or break an injury claim. At the time of trial, Video surveillance can be genuinely effective. A video recording makes it easier for the jury to visualize and come face-to-face with the actual fact.And facts are not subjected to any bias on credibility.
There are various legit sources from which video and photographic evidence can be retrieved. Some of these sources are:

• Inside security surveillance video
• Outside security cameras
• Police dash-cam video
• Police body-cam video
• Public safety surveillance cameras
• Truck and bus cameras
• Camera phones

With the massive advent of online, social media platforms, video is playing a major role in the courtroom. This is all the more applicable for the personal injury lawsuits.
There are three ways in which video can be used as evidence in your personal injury case:

Videos that are used in trials
These are relatively casual videos that are mainly produced to convey the practical realities of your claimed injuries. Medical records and expert testimony of your physical and emotional distress might tend to confuse a jury to a great extent, especially when fabricated! If you can show a jury a video based on the day-to-day difficulties you face as a result of your injuries, the message is bound to appeal to the jury.

Deposition videos meant for impeachment
These videos help to eliminate all of the inconsistencies in given statements. Most of the witnesses who are called to the stand in personal injury trials have had their deposition taken. This often enables the opposing lawyer to impeach the witness, discarding their credibility.

Surveillance videos
When a lawsuit is filed, defense attorneys and insurance companies conduct investigations and surveillance of a plaintiff. They make sure to find evidence to undermine the plaintiff's cl ...

News Release: Video Surveillance Is Used in Personal Injury Cases
Submitted on: January 16, 2018 05:36:09 AM
Submitted by: Mark Schiffrin
On behalf of: www.schiffrinpa.com
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