Well before the digital age, we heard the expression, “a picture is worth a thousand words.” Nowhere is that more appropriate than in the personal injury context. In any kind of medical testimony, the doctor, who in effect is a teacher, should use demonstrative aids to explain his/her testimony. Not only does it make the testimony more interesting, it is far easier to explain the anatomy when pointing to the appropriate exhibit rather than speaking in the abstract.
This applies to in-court testimony as well as to depositions to be used at trial. Moreover, demonstrative aids should be used not only in court but for any form of alternative dispute resolution, such as arbitration or mediation.
Exhibits and aids have their place as part of the liability case. Just as they inform a mediator or trier-of-fact about the anatomy, they can provide essential information about an accident scene, a product, or a premises. They are teaching tools and, when properly employed, help to convey your injury lawyer’s approach to the case.
The above may seem logical. Nevertheless, the reader would be surprised at how often the message is not conveyed visually, even in this, the video era.