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The Use of Video Evidence in South Carolina Personal Injury Claims

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Video evidence can be extremely helpful in proving your case. However, there are many different types of videos that can be used throughout the claims process, and it’s important to understand how they can help you.

Different Types of Videos Used in South Carolina Personal Injury Claims

Video evidence in a personal injury claim may include deposition videos, daily life videos, memorial videos, accident reconstruction videos, dashcam video, and videos of the actual accident and injuries at the time that they occurred.

A deposition video is one that records a witness’s deposition testimony.  Frequently, personal injury cases will involve video-taped depositions of doctors and treating physicians to avoid the expense and difficulty of calling the doctor to testify at trial. The video deposition will be accepted into evidence just as if the doctor had taken the stand himself.

A daily life video is one in which you record your normal activities and routines to demonstrate how your injury has impaired your daily functioning. It may be tempting to exaggerate your struggles to get your point across, but you should avoid doing so. Any exaggeration is likely to hurt your credibility. Likewise, memorial videos are used in wrongful death claims to show the lasting impact of the loss of your loved one.

An accident reconstruction video is created by an expert witness in order to demonstrate how the accident occurred. This is a good way for the jury to visualize more complicated accidents, such as roll-overs, or tractor trailer collisions.

Dashcam videos are typically recorded by the police officer(s) who respond to the scene of the collision.  They can be helpful in showing the position of the cars after the wreck and in capturing statements that the parties may have made to the officer.

Videos of the actual incident are especially helpful in personal injury claims. If there is video of the injury as it occurred and the circumstances surrounding it, then this could truly make your case. Examples might include cell phone videos or surveillance footage from businesses or homeowners.

Accessing Video Evidence in South Carolina Personal Injury Claims

In many cases, you’ll need legal advice and assistance to identify and obtain video evidence.  An experienced personal injury attorney in Rock Hill can assist you in creating FOIA requests, sending spoliation letters, and issuing subpoenas. If you think that video evidence may help your personal injury claim, contact Elrod Pope Law Firm to make sure and get help with obtaining access to the videos you need.

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