In personal injury claims, evidence is key to proving liability and securing fair compensation. One of the most compelling forms of evidence is video footage, which can provide an indisputable account of events. In Ohio, personal injury laws require plaintiffs to prove negligence, making video evidence a powerful tool in building a strong case. Whether it’s surveillance footage, dashcam recordings, or witness videos, understanding how to effectively use video evidence can significantly impact the outcome of a claim.

Why Video Evidence is So Effective in Personal Injury Cases

Video footage carries unique advantages compared to other types of evidence like witness testimony or photographs. These benefits include:

Objectivity: 

Unlike testimonies, which can be biased or inaccurate, videos capture events as they occurred.

Emotional Impact: 

Visual evidence is compelling for judges, juries, and even opposing parties, often prompting faster settlements.

Proof of Negligence: 

Video can clearly depict acts of carelessness, such as distracted driving or unsafe property conditions.

According to a report by the National Association of Insurance Commissioners, cases with video evidence are more likely to resolve favorably for plaintiffs, often leading to quicker settlements and higher compensation.

Types of Video Evidence Commonly Used in Ohio Personal Injury Claims

Depending on the circumstances of the accident, different sources of video evidence can be utilized:

Surveillance Cameras

Many businesses, intersections, and residential areas are equipped with surveillance systems. These cameras can capture incidents like slip-and-fall accidents or car crashes.

Dashcams and Bodycams

Dashcams installed in vehicles or body cameras used by police can provide footage of road accidents, demonstrating the events leading up to a collision.

Smartphones

In today’s digital age, bystanders or victims themselves may record incidents on their smartphones. These videos can document injuries, unsafe conditions, or interactions after an accident.

Traffic Cameras

In some cases, municipal traffic cameras may have recorded the accident. This footage can be requested through legal procedures.

Home Security Systems

Doorbell cameras and other residential systems can capture accidents occurring near someone’s property.

How to Obtain Video Evidence in Ohio

Acquiring video evidence often requires diligence and timely action. Here’s how plaintiffs in Ohio can secure video footage:

Request Footage Promptly: 

Many surveillance systems overwrite data within days or weeks. It’s essential to act quickly to prevent the loss of valuable evidence.

Issue a Preservation Letter: 

A formal request, often prepared by a personal injury attorney, can be sent to businesses or individuals to ensure the video is not deleted.

Contact Law Enforcement: 

If police officers responded to the incident, their bodycam or dashcam footage can be requested through a public records request.

Subpoena Video Footage: 

If the party controlling the video refuses to share it voluntarily, your attorney can issue a subpoena to obtain the footage.

Best Practices for Using Video Evidence in Personal Injury Claims

Once video evidence has been obtained, its proper presentation can make or break a case. Here are best practices for ensuring your video evidence is effective:

• Ensure Authenticity: Videos must be unaltered and include metadata to prove their legitimacy. Tampered footage may be inadmissible in court.
• Contextualize the Footage: Provide additional evidence, such as witness testimony or medical records, to support the narrative shown in the video.
• Highlight Key Moments: Edit clips (without altering their integrity) to focus on moments critical to proving negligence or damages.
• Explain Complexities: For instance, if the video includes technical elements like traffic light sequences, an expert witness can clarify details to the court.

Examples of Personal Injury Cases Where Video Can Help

Car Accidents

Dashcam or traffic camera footage can show that the other driver ran a red light, was speeding, or was texting while driving.

Slip-and-Fall Accidents

Surveillance video from a store may capture a wet floor without warning signs, proving the property owner’s negligence.

Workplace Injuries

Footage from security cameras can demonstrate unsafe working conditions or employer violations of safety protocols.

Dog Bite Incidents

Video from a doorbell camera might show the dog was unleashed, contradicting the owner’s claim of responsible handling.

The Role of an Attorney in Leveraging Video Evidence

A skilled personal injury attorney plays a vital role in utilizing video evidence effectively. Here’s how they can help:

Identifying Sources: Attorneys know where to look for potential video evidence, including less obvious sources like nearby businesses or parked vehicles with dashcams.

Legal Compliance: They ensure video evidence is obtained legally and follows Ohio’s personal injury laws and evidence rules.

Strategic Presentation: Attorneys know how to present video footage to make the strongest impression on insurance companies, judges, and juries.

How Video Evidence Can Maximize Compensation

Using video evidence effectively often leads to higher settlements or verdicts. This is because video can:

• Demonstrate the severity of injuries, leading to larger awards for pain and suffering.
• Prove lost income by showing how injuries impact the victim’s ability to work.
• Encourage defendants to settle quickly to avoid the risk of a jury viewing damaging footage.

The Insurance Research Council found that claims supported by video evidence often result in settlements that are 30% to 40% higher compared to those without.

Conclusion

In Ohio personal injury cases, video evidence can be the deciding factor in proving negligence and securing fair compensation. From obtaining footage to presenting it effectively, video provides a powerful tool for plaintiffs and their attorneys. However, navigating the legal complexities surrounding video evidence requires expertise. Consulting an experienced personal injury attorney ensures that this evidence is used to its fullest potential, maximizing the chances of a successful outcome.

Call Brandon J. Broderick For Legal Help

Navigating Ohio personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.