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Articles, Legal Learning, Lydia Burnett, News · October 13, 2020

Photo Documentation in Personal Injury Cases

Lydia Lawson Burnett, Esquire ©

We are all familiar with the expression “a picture is worth a thousand words”, but in the context of a personal injury, claim pictures may significantly influence the monetary value an insurer assigns to a claim for damages.

Many people recognize the importance of taking photos and/or video at the scene of an accident. Of course, this should only be done when it is possible to safely do so. What you may not realize, however, is the importance of pictures and video in documenting the treatment and recovery process. This is especially true when one has suffered serious injuries. Try to maintain a photographic record of each stage of recovery. This may include pre- and post-surgical photos of the injuries, photos at follow-up doctor’s appointments and photos taken during physical therapy.

Sometimes the injured party must rent or purchase special equipment to be used as part of the recovery process. Family or friends can take pictures of the injured party using a wheelchair, crutches, walker of any other specialized equipment. Photos of any changes that have been made to the injured party’s living environment to accommodate the recovery process should also be included.

Further, if the injured party is required to change a dressing and/or treat a wound on a regular basis, photos or video of this process could also prove very helpful. 

Collecting this documentation will help present a clearer and perhaps striking picture of what the injured party has endured as a result of someone else’s negligence.  The insurer will be better able to evaluate the impact of the injury and will also be aware of what a jury may be taking into account in awarding damages should the case go to trial and the insurer’s client be found liable.  These pictures may provide the tipping point in receiving a strong settlement offer versus taking the matter to trial. Further, if the matter does go to trial, the photos and videos could have a huge impact on the jury.

Thus, taking time to document one’s injury and recovery journey with pictures and video could be the key to a better financial recovery.

Filed Under: Articles, Legal Learning, Lydia Burnett, News

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