What is Demonstrative EvidenceWhat is demonstrative evidence? In most personal injury lawsuits, demonstrative evidence is usually an important, essential part of the lawsuit, which makes it vitally important to have a personal injury attorney representing you who can make the best use of this type of evidence.
You are the innocent victim who has been injured in an accident that was the result of another partys carelessness or negligence. In order to receive the compensation that you deserve for your injuries, in many instances it will be necessary to pursue a personal injury lawsuit with the help and representation of a personal injury attorney.
As mentioned earlier, demonstrative evidence will probably be a vital part of your personal injury lawsuit. But, what exactly is demonstrative evidence?
Different forms of evidence
In a court of law, there are different forms or types of evidence that are presented. The one that most people are familiar with is testimony that is given by a witness.
Another form of evidence is what is known as real evidence. Real evidence is an actual thing. It is material, physical evidence. The existence of whatever the thing is, is considered to be material and relevant to some issue or aspect of the case. For example, real evidence may be a murder weapon, such as a gun or a knife. It may be some of the victims clothing or jewelry.
In order for a judge to permit something to be used as real evidence, the thing has to be material, competent and relevant. In order to establish this, an attorney does what is known as laying a foundation. However, in most instances, the relevancy of real evidence is obvious.
Represents an object
On the other hand, demonstrative evidence is evidence that represents an object. It is regarded as demonstrative evidence if it illustrates or demonstrates the testimony of a witness.
For demonstrative evidence to be admitted in court, it has to fairly and accurately reflect the testimony of a witness. Demonstrative evidence also has to be of such a nature that it is not otherwise objectionable.
There are several different things that can be admitted as demonstrative evidence in a court of law. Some of these include:
Pictures, photographs, illustrations, drawings
Charts, graphs, maps
Simulations, samples, models
Sound and video recordings
Hospital, doctor, medical records
When demonstrative evidence is used effectively and in the proper way, it is an invaluable aid in clarifying various issues during the course of the lawsuit. In addition, demonstrative evidence helps a judge and jury to gain a broader perspective of the important elements and aspects of your case and be able to understand in a greater way the loss of income, bodily injury, medical bills and pain and suffering that you have experienced because of your injuries from the accident.
However, it should always be kept in mind that demonstrative evidence is not real evidence. Although it is invaluable, it simply illustrates and demonstrates the points that are being argued in the case.
Again, the most important thing is to have a personal injury attorney representing you who can make the best and most effective use of demonstrative evidence in your personal injury lawsuit.
Article written by James Shugart
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