It’s the information age we’re living in.
Hard evidence used to just include eyewitness testimonies and paper trails. But nowdays… Digital evidence is everywhere.
In fact, digital evidence is being used in 90% of cases today.
Don’t believe us?
Imagine that.
For victims involved in an accident or pursuing some type of legal claim… knowing how technology could impact your case is critical to winning.
What You’ll Learn
- Why Digital Evidence Is Important for Injury Cases
- The Different Types of Tech Evidence Lawyers Use
- How Video Footage Can Help Your Claim
- How AI Could Affect Your Case
- How to Protect Your Digital Evidence
Why Digital Evidence Is Important for Injury Cases
Let’s start with the basics…
When a victim is left with a serious injury due to someone else’s negligence, proving who’s at fault is crucial. A catastrophic injury lawyer can’t win your case without the proper evidence.
Hiring an Orlando personal injury lawyer ensures victims work with a team who understands how to gather digital evidence and use it to their clients advantage.
Digital evidence provides…
- An objective perspective on what happened.
- Time stamped documentation to prove your story.
- Hard facts that leave little room to dispute.
The Different Types of Tech Evidence Lawyers Use
So what constitutes digital evidence?
Turns out there’s a lot more than you may think. Below are some of the most common types of digital evidence used in injury cases:
Dashcam Footage & Security Videos. Cameras inside cars and on businesses can catch accidents as they happen. A recent survey found between 15-20% of motorists use dashcams stored inside their cars.
Electronic Medical Records. Digital versions of your medical documents clearly link your accident to your injuries. They also provide proof of prior health conditions and treatment timelines.
GPS Location & Data Records. Your smartphone or vehicle GPS can reveal patterns that prove where you were at the time of an accident.
Social Media. Checking-in at locations, posting photographs, and making posts on social media can offer valuable insight into how your injuries affect you day-to-day. They can also be used to refute false statements by the negligent party.
Text Messages & Emails. Your personal conversations leading up to and after an accident can reveal important information about what happened.
How Video Footage Can Help Your Claim
Video footage isn’t gonna hurt your case. In fact…
It’ll actually help.
Why?
Because video captures everything exactly how it happened. Rather than hearing what someone says happened, a judge and jury can see for themselves.
Dashcam video can prove…
- Who broke traffic laws.
- The moment of impact.
- Weather conditions.
- What the driver was doing right before the crash.
Eyewitness testimony can be unreliable. But digital evidence isn’t biased. In fact, courts across the U.S. are beginning to accept dashcam footage as valid evidence.
If deemed relevant to the case and authenticated properly, videos can help speed up settlements and make your argument stronger in court.
How AI Could Affect Your Case
If you haven’t heard yet… artificial intelligence is taking over.
Recent surveys show 79% of legal professionals are now using some type of AI technology in their everyday practice.
We’re not joking.
How will AI help injury victims?
AI programs can process large amounts of data in seconds. Reviewing medical records, finding relevant case comparisons, and even predicting likely outcomes based on past cases.
Insurance companies are also using AI against injury victims. Software is being used to undervalue pain and suffering. Computers are often confused by complex liability issues.
You’ll want to hire an experienced attorney who can advocate on your behalf when AI software starts lowballing you.
Protecting Your Digital Evidence
Got digital evidence?
Great. Let me tell you something most people don’t know…
It can be lost forever.
Security cameras are always rotating footage. Dashcams record over old footage. Social media posts can be deleted. Text messages may be lost when you upgrade your phone.
You have to act fast.
- Backup digital files as soon as possible.
- Take screenshots of social media posts.
- Request a copy of security camera footage before it’s deleted.
- Store text messages and emails on a backup device.
- Stop posting about your case on social media.
If you wait too long, your attorney may not be able to subpoena the records in time. Time is of the essence when protecting digital evidence.
The Growing Impact of Drone + Reconstruction Technology
Phones and cameras aren’t the only things helping injury victims win cases.
Drones are allowing investigators to view accidents from a bird’s eye view. Aerial footage helps others understand how crashes occurred and who was at fault.
Reconstruction tech is being used to create computer simulations of accidents. 3D modeling allows jurors to visualize collisions and understand the specifics of what happened.
Instead of making someone imagine what an accident scene looked like… you can now show it to them.
Impressive, right?
- Drones are helpful for multi-car accidents.
- Accident reconstruction can prove who had the right of way.
- Both of these technologies can help cases where physical evidence is no longer visible or was cleared quickly by first responders.
VR is even starting to become commonplace in the courtroom. Some lawyers are using virtual reality to place jurors right in the middle of where the accident took place.
Using Telemedicine Records as Evidence
Here’s a little known fact…
Telemedicine visits are used as injury evidence.
Visiting your doctor via video-chat is becoming more popular than ever. Virtual appointments can and will be used against you by insurance companies.
BUT… they also can help you win your case if used correctly.
With the rise of telemedicine, detailed documentation is key. If you’ve had virtual doctor visits due to your injury, make sure your records are accurate.
Similar to your medical records, telehealth appointments create a digital trail that links your accident to your injuries.
Wrapping Up
Digital evidence is everywhere and will continue to change the way lawyers win injury cases.
Whether it’s utilizing drones to investigate accidents or using social media to prove your injuries… technology has become essential to winning your case.
We could write a whole other blog just on the types of tech used by personal injury lawyers. But the fact of the matter is this…
Digital evidence is used in 90% of cases today.
If you’re hurt, don’t let your evidence get destroyed. Retain what you can, and consult with a lawyer who knows how to use technology to your advantage.
