A day-in-the-life video is a recording that shows how an injury changes a person’s daily routine, from waking up and getting dressed to cooking, taking care of children, working, and attending physical therapy. In a serious injury case on Long Island, it can provide context for a jury or insurer, validating what medical records and diagnostics describe in words. Whether this type of video is useful depends largely on how it is made.
The experienced personal injury attorneys at The Raimondo Law Firm are available to evaluate your case and determine if a day-in-the-life video would be useful to support your claim.
Key Takeaways
- A day-in-the-life video shows how a serious injury affects everyday activities. It supports medical evidence but doesn’t replace it.
- A judge decides if a video is admissible when a claim goes to trial. They will consider its relevance, accuracy, and objectivity.
- Honest, unscripted, and continuous unedited footage is the most credible type of day-in-the-life video.
What Can a Day-in-the-Life Video Prove?
Using a day-in-the-life video as supporting evidence in a serious injury claim can show how an injury affects day-to-day functions. It can specifically show limitations, such as when arguing that an injury has caused a permanent loss of use or a permanent consequential limitation.
When Will a New York Court Admit Videos at Trial?
Judges have broad discretion over evidence, and there’s no single rule that decides whether a day-in-the-life video is admissible. Courts will commonly consider the following:
- Relevance of the Video: The video must show limitations connected to the injuries in the case.
- Its Authenticity: Someone with firsthand knowledge must testify that the video accurately depicts unscripted daily activity and hasn’t been altered. This is usually provided by an independent videographer. An experienced accident attorney on Long Island can connect injury victims with independent videographers for the purpose of producing unscripted day-in-the-life videos.
- Objectivity and Restraint: Videos should be as objective as possible, which means they can’t be overdramatized, excessive in length, or heavily edited. There should be no editorial commentary placed over the video, either live or in post-production. Sensationalism and attempts to influence an audience will almost certainly make the video inadmissible.
- Participant Testimony: You should expect to testify about the footage.
A Video May Be Beneficial in a Settlement Negotiation
Evidence rules don’t apply to settlement negotiations, but the same qualities that a judge assesses will affect the credibility of a video when examined by an insurer. An insurer will consider whether the video is likely to be accepted into evidence by a judge, and how a jury might react when viewing the footage.
If the footage matches and supports your medical records and diagnoses, it can add weight to the negotiation. Footage that looks staged or is emotionally manipulative will not benefit the negotiation process.
Find Out if a Day-in-the-Life Video Will Benefit Your Long Island Injury Claim
A day-in-the-life video is just one piece of supporting evidence that can contribute to a successful personal injury claim. If you have been injured on Long Island, you can talk to a personal injury attorney to evaluate your case and determine the best strategy to fight for the compensation that you deserve.
The Raimondo Law Firm is based in Suffolk County and is available to clients throughout Long Island. With decades of experience in personal injury and insurance law, as well as a large network of independent specialists ranging from medical professionals to videographers, we can build a case that accurately shows the severity and impact of your injury.
We are available 24/7. Get your free case evaluation by contacting us at (631) 471-1222 today.