FREE CONSULTATION - CALL NOW!

212-LAWYERS or (212) 344-1000

Presenting Photographic Evidence in Accident Cases  

Usually in court, the plaintiff’s lawyer will want to present new photographic evidence to the court, and the defense lawyer will raise an objection saying that no foundation was laid for such evidence. Whether it is a wrongful death, medical malpractice, or personal injury trial, the lawyer simply cannot present a photo as evidence, and ask the jury to see it. A legal procedure has to be followed for presenting photographic evidence; otherwise, the judge may not allow it to be shown in court.

Procedure for Presenting Photographic Evidence

Initially, the lawyer will have to verify to the court that the content of the photograph is accurate. The lawyer will have to tell the court that whatever is trying to be shown through the photo is correctly portrayed. For instance, suppose the accident case is about a collision at the intersection, and each side is claiming that they were having the green signal. During the trial, the lawyer of the plaintiff will ask his client to talk about what happened at the intersection. If a photo of the intersection is being presented, then the lawyer will first ask his client to authenticate that photo. Presenting the photo, the lawyer will ask his client if that was the intersection where the accident occurred. Furthermore, the lawyer will ask different questions such as:

  • How many times have you gone through the intersection?
  • How many times have you been returning from work, through that intersection?
  • Is the traffic light, which is there at the intersection, accurately portrayed in the photo?
  • Are the crosswalks accurately portrayed in the photo, and do they look as they were at the time of the accident?

After asking these questions to the client for authenticating the photo, the lawyer can then tell the judge, he would like to offer the photo as evidence.

Objection of the Defense

The defense might still object, saying the plaintiff’s lawyer has not laid down sufficient groundwork to authenticate the photo. The judge might agree with the defense and tell the plaintiff’s lawyer that the foundation is incomplete, which would show the photo to be authentic. In such an instance, there will be a problem admitting the photo as evidence. The plaintiff’s lawyer then might have to use some other witness to try to push that photo into evidence, or present some other photo that can be used in the case, to show to the jury.

Photo Accepted as Evidence

If the lawyer is able to persuade the judge that the photo should constitute necessary evidence for the case, then he will be able to show it to the jury. The lawyer can then ask his client certain questions, while the photo is being displayed to the jury. The photo will validate whatever the plaintiff is answering and hence that will carry much more weight than simply narrating what happened.

NYC Personal Injury lawyer - RMFW Law Logo Inverted

Get a Free Consultation

No Win No Fee
April Johnson
April Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
Benjamin Roussey
Benjamin Roussey
19:03 29 Jun 23
No firm gets it done like RMFW. They are the best.They are awesome - for sure.
Roberto Martinez
Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
See All Reviews
js_loader