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Surveillance Footage in Personal Injury Claims

With cameras in public and private places, it is likely that the incident leading to your personal injury claim was caught on camera. For lawsuits where high amounts of money are on the line, this surveillance footage can be accompanied by privately-acquired video, and may be used in order to try and catch the injured party in a lie. This can be used to create doubt surrounding the claimant’s credibility in the case.

In cases where video footage may be used to sway a case, below are some tips for a Raleigh personal injury attorney to help ensure the credibility of the claimant remains untarnished.

Go Through The Footage With Your Lawyer

There may be instances where things need to be explained. What is shown on film may easily not be all that happened, or the situation may be misconstrued. Let your lawyer know the details.

Request Unedited Footage

Getting all the footage available can help determine events and whether or not any footage was tampered with. Cross referencing edited and unedited footage can show inconsistencies or missing footage that can change a case.

Talk To a Video Expert

A video expert should be consulted to round out the case. Not only can an expert help determine footage that was tampered with, but can also begin to address concerns such as:

  • When was the camera turned on?
  • What did the camera catch?
  • What filming methods were used?

Give Unedited Footage To Video Experts

Unedited footage can provide a different picture for medical experts. The implication that someone who is injured and may not be so as captured by footage can be intimidating for doctors. Once the any issues with the footage have been addressed, medical experts can be consulted to help bring credibility to the claimant.

Use Part 18 Questions

Part 18 allows a court to force a party to clarify matters of dispute in proceedings. If video footage discrepancy has been discovered or if unapproved filming methods were used, using Part 18 in a trial can cast doubt on the validity of the defendant.

Admissibility Challenge

If video footage was released late in the trial, it can be challenged as unfair. Trespassing on personal property is also claim to invalidate footage. Surveillance footage is not illegal in the public sphere, but there are instances where surveillance footage is inadmissible.

No matter what, when surveillance footage is used in a personal injury claim, the attorney has a responsibility to address all aspects of the footage, both edited and unedited. To learn more or discuss your case in greater detail, call today.