What separates the best personal injury and medical malpractice trial lawyers from the mediocre ones is their ability to create a story. It takes more than evidence to build a compelling case. For this reason, your lawyers should introduce demonstrative evidence to back up your claims and sway the trial court’s decision your way.

What is demonstrative evidence? Most importantly, what goes into building a case that causes the trial court and trial jury to doubt the opposing counsel?

We answer these questions and more. Keep reading to learn more about the use of demonstrative evidence at trial.

What is Demonstrative Evidence

Demonstrative evidence is anything used to help the jury understand various aspects of a plaintiff’s case. Demonstrative evidence corroborates expert testimony and eyewitness accounts by serving as visual presentations of the circumstances surrounding a case. Demonstrative evidence can be physical evidence, documented evidence, and, in some cases, recorded evidence.

These pieces of evidence add more veracity to an attorney’s case by presenting facts and preventing undue prejudice. However, the presence of demonstrative and admissible evidence alone doesn’t paint a picture of a plaintiff or defendant’s case. To shift the jury’s focus on the case’s overall context, an attorney must perform a demonstrative exhibit or presentation.

Why Are Presentations of Demonstrative Evidence Needed?

Presentations provide a comprehensible narrative of the case at trial. Also called demonstrative exhibits, these presentations use demonstrative evidence as visual aids to help members of the jury and court to imagine what happened in a case.

By providing a narrative supported by expert witnesses and properly authenticated evidence, attorneys can present the facts of the case in a manner that’s easier for the jury to grasp. As a result, attorneys can sway the jurors’ and court’s opinions in favor of their clients.

Demonstrative Evidence Examples

Before a piece of evidence becomes part of the trial exhibits, it must be admissible. It’s the trial court’s discretion to examine and qualify what counts as evidence that’s fit for demonstrative purposes.

Different states have varying statutes on admissible pieces of evidence. In New Jersey, any evidence submitted before trial must follow the state’s Rules of Evidence. Under New Jersey’s rules, the following are acceptable.

• Visual evidence: Visual evidence may be physical objects or visual exhibits.
• Relevant evidence: This is any piece of evidence that can prove or disprove statements or claims in a case.
• Witness testimony: Of course, witnesses can offer statements that add to a demonstrative exhibit. The attorneys using witness testimonies must incorporate statements carefully and only as an addition to evidence.
• Oral testimony: Oral testimony can come from anyone who claims to have been present during a crime or accident. However, an expert’s testimony will have more credibility than statements offered by ordinary individuals from the scene.
• Illustrative evidence: Experts can also provide illustrative evidence to explain their testimonies to the court.
• Cumulative evidence: Cumulative evidence is any piece of evidence that confirms other articles of demonstrative evidence.
• Scientific tests: Test results can add scientific reliability to evidence at trial, especially in cases concerning medical malpractice.

Contact Rossetti, DeVoto, For More Information

We’ve earned the trust of our clients by using demonstrative evidence and honing our cross-examination skills. If you want to learn more about how we can help your case, contact us at 856-475-8261 for a free case evaluation.