Why have digital cameras changed the way photographs are used in court cases? Photographs have been used as a component in courtroom evidence for ages, and digital cameras are bringing the tracking capabilities of photographs to a new level. Traditional photographs were seen as a snapshot of one moment in time. Digital photographs are different in that they can document a series of moments with an accurate date and time.
One area where digital photography is coming into play is with Personal Injury cases. When plaintiffs are being awarded compensation or damages based on limitations of their injuries, a traditional photograph would only be entered into evidence if it depicted the plaintiff participating in an activity that they claimed they could no longer enjoy due to their injury. These types of photographs would not hold much weight in court because the plaintiff could argue that the photo was taken before the injury occurred, or that they are able to participate in the activity for short periods of time and feel pain later. A series of digital photographs with a specific date and time could show the plaintiff participating in the activity for long periods of time after the injury occurred.
It’s a similar case when depression is the personal injury in question. A series of photographs of the plaintiff clearly happy and enjoying life will make more impact than one smiling photo of the plaintiff. The metadata that is available with digital photography is more powerful than the weight a single snapshot can hold in a courtroom.
During the discovery process at the beginning of a case, lawyers now have to determine if digital photography will come into play in the case. Both plaintiffs and defendants in any type of court case will need to be aware of their personal trails of digital photography that is online or can be accessed by others. Digital photography and digital file sharing are changing the way lawyers view and access evidence trails.
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Vogel LLP is a Calgary based law firm with expertise in Personal Injury, Family Law, and Estate Litigation. The lawyers at Vogel LLP are united by the common goal of delivering successful legal solutions to clients. Vogel LLP lawyers strive to solve their client’s problems in the most timely and effective way in accordance with the highest standards of practice and ethical conduct.