Written by attorney Michael J Maggiano

How To Collect Video Evidence for Your Injury Claim

There is no better way to tell your side of the story than to have clear video evidence of the incident happening. The first step to obtaining video evidence is figuring out who owns the video. Sources of video evidence for a personal injury claim may include:

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The next step will depend on the type of video and who possesses it. Obtaining the video, especially if it belongs to a private party who recorded it on his or her phone, could be as simple as asking the person for it. Similarly, if the incident happened in view of a security camera, go speak to a manager or security personnel to see if you can take a look at the security footage from the day in question; many business owners or security officers will gladly let you take a look. If the owner of the video does not want to release it, you may need to use a subpoena. A subpoena is a formal request for someone to attend a court hearing or produce certain legal documents, such as video evidence. Refusing to comply with a subpoena could land the person in jail or require them to pay hefty fines. If the video you’re looking for is in police custody (such as a dashcam video), you may have to jump through additional hoops to take a look. For many precincts, you must fill out a formal request for dashcam footage, pay processing fees, and wait several days or weeks for your request to be fulfilled. No matter what type of video you are looking for, it is best to consult a personal injury attorney with experience in video evidence. A lawyer will be able to determine the best route for obtaining your video and using it to your advantage during the injury claim process.

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