“Judge, Can I Show the Jury This Photograph?”
NY Car Accident Attorney Gerry Oginski Explains
During a car accident trial in New York, if I want to show a photograph to the jury, can I simply walk over to the jury box and hand the jurors a photograph?
Don’t I have to introduce that photograph into evidence first?
Does the witness have to authenticate that the photograph is accurate?
Do I have to show the photograph to my adversary first before I offer it into evidence?
Let’s say this is a car accident case where each driver claims that they have the green light. I want my client to get on the witness stand to be able to describe to the jury what the accident scene looked like. I want the jury to have a better and clearer understanding of where the traffic light was located and where the crosswalks were.
What better tool can I use than to show a photograph of where the accident happened?
Photographs are a wonderful way to show the jury, who clearly were not at the accident scene, exactly what it looked like on the day of the accident.
It gives the jury an opportunity to envision in their own minds what things looked like at that time.
Once the jury can see for themselves exactly what the place looked like, they will have a better understanding of the mechanics of how the accident occurred.
However, there are specific procedures that must be followed in order for me to get that photograph in front of the jury.
Specifically, I have to ask the court for permission to admit that photograph into evidence. The jury can only see the photograph if the court determines that I have met all the criteria necessary to authenticate and verify the information in the photograph is accurate and true.
If I am unable to do that, then I will likely not be able to use that photograph with the jury.
If, on the other hand, I am successful in getting the photograph admitted into evidence, then I can show the jury the photograph and have witnesses testify about what is contained within that photograph.
Watch the video to learn more…
Here’s a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client: http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm
Here’s a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering: http://ow.ly/azKg6
To learn more about how car accident cases work in the state of New York, I encourage you to explore my educational website, http://www.oginski-law.com/library/new-york-car-accidents-12-key-deposition-techniques-in-a-car-accident-case.cfm.
If you have legal questions, I invite you to pick up the phone and call me at 516-487-8207 or by email at Gerry@Oginski-Law.com. This is what I do every day and I’d be happy to chat with you.
Law Office of Gerald Oginski
25 Great Neck Road, Ste. 4
Great Neck, NY 11021