Photographs of an accident scene or injuries are commonly used as evidence in Buffalo personal injury lawsuits. Generally, photographs are admissible as evidence if it can be established that they are authentic and accurately depict what they purport to show. Because photographic evidence can make such an impact on a jury, a dispute may arise when one party believes the photograph does not accurately depict what it shows or is otherwise being introduced for the sole purpose of swaying the jury.
Courts have broad discretion regarding what evidence may be used at trial. When determining whether a photograph will be admitted, one of the issues a court must weigh is whether its probative value is substantially outweighed by the possibility of it having an unfairly prejudicial effect or an otherwise misleading impact on the jury.
When a party opposes the introduction of a photograph at trial, each party may makes it argument to the judge regarding why the photograph should or should not be admitted. The court will then decide whether to admit it or not. In some cases, the judge may allow evidence to be admitted, but only under carefully monitored conditions or with additional instructions to the jury regarding the extent to which it may be considered.
If you have suffered a personal injury, we would be happy to help you. Please feel free to call us at 716-543-5444.
{ 0 comments… add one now }