In today’s day in age, cameras are everywhere. When it comes to personal injury cases, having documented surveillance footage can often shape the entire outcome. These cameras are commonly seen in places like traffic stops, businesses, parking lots, and even private properties. Ultimately, surveillance footage can both strengthen or damage a personal injury claim in the state of Michigan.
What Counts as Surveillance Footage in Personal Injury Cases?
Surveillance footage can be classified as a few different things in personal injury cases. The most typical examples that people think of are dashcams in cars, security cameras inside retail stores and restaurants, and outdoor cameras in places like office buildings and gas stations. In many cases, the footage obtained from all of these places doesn’t necessarily depict the accident itself, but it can help to showcase the conditions of the environment at the time it occurred. In addition, it can also show the person’s physical condition leading up to it, and immediately following it.
Insurance companies can also work to obtain their own surveillance footage once a claim has been filed. Since video evidence can come from unexpected places, it’s important to remember that identifying and preserving this footage is crucial for the good of your case.
How Surveillance Footage Can Strengthen a Personal Injury Claim
When it’s used properly, surveillance footage can greatly strengthen a personal injury claim. Video evidence can clearly show how the accident happened which helps to establish fault when there’s a disagreement between parties over who is to blame. Elements that surveillance footage often captures include wet floors, hazardous materials, or just general unsafe property.
Surveillance videos can also help support witness statements and medical records by acting as a verification step. Clear footage usually reduces room for interpretation from insurance companies and therefore increases the chances of a fairer settlement.
When Does Surveillance Hurt a Claim?
Surveillance footage can also be used to negatively impact a personal injury claim if it’s used as a way to contradict what the victim is stating. Insurance companies tend to rely on video footage to make the argument that a person caused the accident themselves or was not as injured as they reported to be. Even short clips can be taken out of context to challenge a person’s overall credibility.
Post-accident surveillance is primarily risky since insurers can record individuals doing their everyday tasks and use that footage to downplay the injuries. This doesn’t mean that injured people should put their lives on hold, but it further stresses the importance of making sure medical records and all statements coincide with one another properly.
Surveillance Footage and Michigan’s No-Fault System
Michigan operates under a no-fault insurance policy which means that surveillance footage can be used to challenge or support claims for Personal Injury Protection (PIP) benefits. These include disputes over whether the injury was related to the accident or whether certain services are necessary for the individual.
When it comes to third-party lawsuits for pain and suffering, footage could also play a role in determining whether the injured person meets Michigan’s serious impairment of body function threshold. Since Michigan law has specific requirements on injury claims, the way that surveillance footage is perceived can directly impact a person’s eligibility for compensation.
Seeking Legal Guidance
While surveillance footage is powerful in the court, it’s not always easy to understand. The legalities that go along with it are also difficult for citizens not well versed in the law to comprehend. Videos can be incomplete or misleading. An experienced Michigan personal injury attorney understands how to properly obtain footage before it’s erased, evaluate its accuracy, and challenge any unfair or selective use by insurance companies. Legal guidance helps ensure that video evidence is used in the right context and that it doesn’t unfairly undermine an injury claim that is valid. That’s why Duff Law in Grand Rapids is here to help you. Make sure you reach out for your free consultation as soon as possible.