When it comes to experience, many lawyers fall short in the area of knowing just how important Demonstrative Aids, also known as “visual proof” are throughout the legal process. During trial, Demonstrative Aids are invaluable in cases with invisible injuries such as TBI and concussions. When Personal Injury lawyers don’t feel they need to use visual proof to support their case, it means they may lack trial preparation experience and have not seen enough cases to (successful) verdict. This lack of attention to detail should be a red flag for a client to find another law firm.
Within this writeup we must first clearly define, what exactly, is a “demonstrative aid” and what it is not. To begin, we’ll provide the definition of “demonstrative” which is as follows:
“demonstrative evidence. n. actual objects, pictures, models and other devices which are supposedly intended to clarify the facts for the judge and jury: how an accident occurred, actual damages, medical problems, or methods used in committing an alleged crime.”
So we can now clearly understand that demonstrative aids or demonstrative evidence is simply a way for a lawyer and any subpoenaed expert witnesses to clarify the facts of the case beyond what could be achieved through a verbal explanation. Demonstrative aids and evidence should not be confused or compared to what television often wrongly portrays for entertainment purposes. “Exhibit A!”. This dramatization is a common misrepresentation of demonstrative aids and evidence used to make tv shows and movies more interested. In the real world or Personal Injury Law, it would be considered incorrect and inadmissible.
Within this article, we’ll provide our readers with the following important information regarding Demonstrative Aids:
- Why is visual proof not considered evidence?
- What are the different types of demonstrative aids?
- What is the Board Certified difference?
- Watch Demonstrative Aids in action!
Why is visual proof not considered evidence?
Now that we’ve established “demonstrative aids” in the context defined by law, we are aware that they are not part of any evidence submitted to the jury during the course of a trial. Demonstrative aids are not items or evidence found at the scene of an accident. That’s because evidence, as defined by law is actually considered:
“[…]every type of proof legally presented at trial (allowed by the judge) which is intended to convince the judge and/or jury of alleged facts material to the case. It can include oral testimony of witnesses, including experts on technical matters, documents, public records, objects, photographs and depositions (testimony under oath taken before trial).”
These aids are created after the accident, when a lawyer accepts a case and begins his or her work on behalf of the client. These demonstrative aids are considered helpful tools to assist the lawyer in providing a more thorough explanation of their case. Usually, these aids are utilized during the trial visually, as representations of what the lawyer is presenting verbally to the courtroom.
These tools are almost always incredibly helpful to a plaintiff’s case, as they allow the judge and jury to see more clearly, exactly what the victim of an accident is suffering from and leave little room for doubt in anyone’s mind that the victim has suffered. Accident recreation is a form of demonstrative aid as well. This tool is often used to present a clearer picture of exactly what occurred, and is provided along with expert testimony to best explain how an accident and its’ resulting injury occurred for those who were not present.
What types of Demonstrative Aids are available to accident lawyers?
Demonstrative Aids can come in various forms and be used to serve multiple purposes; below we’ve listed several types that Personal Injury lawyers find useful during trial or mediation:
- Video animation and accident recreation
What is the Board Certified difference?
When it comes to preparing a successful, well-rounded case that fully supports the truth of an accident victim’s pain and suffering, demonstrative aids are one of, if not the most important aspect of preparing for a successful trial. This is where a Board Certified lawyer can further prove he or she has the most experience to try a case on behalf of his or her client.
This is because a Board Certified lawyer will not simply rely on the ability to “argue” a case should it go to trial, that would be detrimental to the client and may not provide everything necessary to obtain what the client rightfully deserves. Instead of opting to do the bare minimum as many “paper pushers” are wont to do, a board certified lawyer will use every tool in their hard-earned legal “toolbox” to obtain the maximum amount of compensation for their client.
Watch Demonstrative Aids in action!
Below, Sagi Shaked, Board Certified Civil Trial Lawyer and founder of the Shaked Law Firm explains the importance of Demonstrative Aids for further understanding of this legal tool: