Without Witnesses to an Accident; Use Diagrams, Photos & Physical Evidence

used to explain testimony and save the time of the Court, then it can be used as a ‘demonstrative aid.’ Our clients often find reference to a photograph, diagram or other evidence also helps them recall details and focus on their important testimony.”

Lawyer Landau recently took a George Mason University student to Court in Herndon, Virginia, and to watch a Hearing in Fairfax where the injured claimant used photographs taken some time after the accident as well as a diagram showing a bird’s eye view her workplace. Against the employer’s witnesses, the injured worker was better able to demonstrate the key elements of her case. Using diagrams, photographs as well as the pants she was wearing that was caught by the ‘gauntlet’ of supply boxes, she was able to counter the adverse testimony of the witnesses arrayed against her by the workers comp insurance company’s lawyer.

While contemporaneous photos and video are often “the best evidence,” they are not always feasible. The reality is that most badly injured workers do not have the ability to take pictures or have movies of the scene or aftermath of their industrial accidents. Landau adds that meeting with an experienced workers compensation attorney is critical in cases where eyewitness testimony is lacking, so that prompt investigation and exhibit creation can begin before the scene is materially changed. If you or someone you know or care for has been injured as the result of an on the job accident and there are questions about what laws apply, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once.

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