Using your SmartPhone to take photos, videos, and audio evidence for your case

In this age of technology, it would seem strange if an injured person did NOT take photos and gather evidence at the scene of an accident.

We have many tools to preserve evidence that are easily accessible.  Our SmartPhones have cameras that can take both video and still images.

Taking photographs (if you are physically able to do so) will give a jury visual proof of a defect in the sidewalk in a slip and fall accident.  In an automobile case, you can photograph any damage to vehicles, location of traffic devices, and/or an visible injuries that you have suffered. In a construction accident, you can take a photo of the scene which shows where you were injured and how your were injured.

A SmartPhone can also be used to take video statements of witnesses (and possible admissions of those who are potential defendants).

Once you have a video or audio recording and/or a photograph, these items must be preserved for trial.  You must give ALL such items to your lawyer for safekeeping.  If you lose or destroy these items, you risk the penalty of a negative remark (or “charge”) to the jury.

You will be asked (as a witness) whether the “photos and videos are clear and accurate depictions” of whatever is shown in the photos or videos.  For example, if you have a photograph of a defect in a sidewalk, you will be asked if the photo is an accurate depiction of what it looked like on the date of your accident.  If you answer “Yes,” then usually those photos are admitted into evidence.   The other attorney has the right to ask you (by way of what we call “voir dire”) how the photos were taken, who took them, and how they were preserved.   Generally, these questions and responses do not prevent an accurate photo to be admitted into evidence.

Juries are bored unless they have things to look at while they are deciding your case.   Photos and videos are the best way to liberate them from their boredom. They want visual proof to help them make decisions.

Our law firm is equipped to help accident victims to present their case in the best possible way.  We use the latest technology to convince insurance companies, arbitrators, mediators, and juries that you deserve to be compensated for your injuries.  The Law Office of Charles DeStefano has the best investigator (a retired NYPD Captain with over 25 years of experience) who can take photos of the scene, video statements, etc. to help you win!

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