Proving Damages

By Howard Brodsky.

Proving DamagesWhen it comes to proving damages in a personal injury case there is often no better way to illustrate the quality of damages than the evidence which can be introduced by video.  Forensic video produced by a skilled, knowledgeable and experienced legal videographer in New York, New Jersey, Pennsylvania and Connecticut, offers strong probative evidence and can illustrate many fine distinctions including the limitations an injury imposes on the client.  Day-In-The-Life (DITL) video, also known as Activities of Daily Living (ADL) video provides the information to qualify and in some cases quantify the injury and damage as demonstrated by function.

Video can substantiate injuries that are only implied.  When you say one cannot walk and has limited mobility, what does that really mean?  The video provides an understanding that the mobility is not only limited but with a clear thought of what that means; a sense of improvement or hope can be provided.

When we focus on the quality of evidence we are concerned with a few dimensions.  There is the probative value which is evidence that is useful or helpful to the understanding of the triers of fact.  Associated injury provides for a neurological correlation between the damage, which is really insult to an area of the brain, spine or other tissue.  Injury implies the injury associated with the tort or case in question.  Function is what is left as a result.

In personal injury cases it is not uncommon for a claimant to want to associate a previous injury with the injury or damage sustained from the tort or act in question.   So you can have injury that is not associated with the damage and a claimant that wants to recover for function, or lack thereof, that was not associated with the damage in question.  A neurologist can and will use the video to provide for an understanding as to why left side functions are associated with right side brain damage.

An experienced forensic videographer will understand what is acceptable in court proceedings.  More often video interviews are not acceptable in court.   The audio is the most commonly objected to component.  However, when an injured person is being interviewed the demonstration of the function (verbal, cognitive, receptive, attention, understanding, need for speech therapy, temperament and so much more) may very well be displayed from the dialogue situation.  It is the duty of the attorney to plead or argue his/her case to the judge who will make rulings accordingly.

My firm, Certified Legal Video Services, located in New Jersey, near New York City, New York, Connecticut and Pennsylvania, is well equipped and trained to produce DITL/ADL video that proves damages.  We can also create more elaborately produced video for settlement conferences.  We work closely with counsel, legal assistants, trial consultants and paralegals to understand every individual case and what you seek to prove before we go into on-location production.  We are confident that your case will be understood through the presentation of our video productions.

CLVS LLC is an  industry leader in applied advanced digital video technology in the production of legal depositions.  Visit our website for a demonstration of advanced dual camera Elmo depositions that satisfies the requirements of The Federal Rules of Civil Procedure 30(b)(4) and The Federal Rules of Evidence Rule 1001 through 1004.

We would be happy and honored to serve all of your legal video needs.

Certified Legal Video Services is a video production company located in Fair Lawn, NJ, 07410. Our videographers service the entire metro New York City and New York, New Jersey, Connecticut, Pennsylvania,  tri-state area and clients nation-wide. For more information call our lead videographer Howard Brodsky at (201) 280-8614. E-Mail: our website at

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