Generally, all relevant evidence is admissible in Buffalo personal injury lawsuits. In the case of physical evidence such as photographs, all that need be shown is that the document is authentic and is an accurate demonstration of what it purports to show.
Courts do not, however, have to admit all relevant evidence. In the case of photographs of an accident location, the defense may argue that if the photograph was not taken at the time of the accident, it does not accurately reflect the area at that time. If the photograph contains, for example, a patch of ice on a sidewalk where the plaintiff fell, the defense may present an argument that the photograph is misleading to the jury and may unduly prejudice the defense.
It is up to the trial court to decide based on the nature of the proffered proof and the context in which it is offered whether the value of the evidence outweighs its potential for prejudice. Admissibility in a personal injury lawsuit is left to the discretion of the trial court. In situations where the value of the evidence versus its potential for prejudicing a party is close, a court may allow the evidence but issue special instructions to the jury regarding how they are to consider the evidence or place additional restrictions on how the parties may use the evidence.
{ 0 comments… add one now }