Smile! You’re On Camera!
Video surveillance of a plaintiff is often used by the defense to quash damage claims in personal injury cases. The success and ease of video surveillance has been enhanced by improvements in technology, including the advent of easily attained, high definition cameras. Surveillance can be effective at trial since it is easily admissible, and often entertaining. It doesn’t hurt that jurors readily understand it.
Video footage is most effective when used to impeach a plaintiff’s credibility as to the extent of his or her injuries. Moreover, since the tape is factual and not opinion, it is not subject to traditional credibility attacks.
The Increasing Use of Surveillance
Due to the increasing use of video footage, it is not surprising that courts have had to address numerous legal issues involving its use. These issues include
- Discovery of Surveillance:
- Authentication and Use at Trial;
- Use of the Video by Medical Experts;
While the recent advantage associated with the easily concealable, high-resolution digital video cameras have made covert surveillance in personal injury cases more popular and effective, a persuasive surveillance video may defeat the plaintiff’s claims of injury. Challenging legal issues concerning discovery, authentication, use at trial, manipulation, and invasion of privacy are also matters that have arisen. Additionally, there are important related issues concerning trespass and invasion of privacy.
Experience Makes The Difference
In addition to video surveillance, there is also the matter of smart phone footage captivity when it comes to crimes, accidents and overall interesting situations. This footage, too, can be admissible and should be investigated as to whether it exists in your case.
We’re here for you, with the knowledge and experience needed regarding personal injury cases and video footage. The law firm of Frasier, Frasier & Hickman LLP is proud to provide AFL-CIO Union members in Oklahoma with legal services under this plan. Our attorneys are waiting to take your call. Contact us today to discuss your case, give you fair, experienced legal counsel, or set up a time to discuss your matter further.