The changing landscape of Court evidence

The changing landscape of Court evidence

The legal world moves slow, and cases that are decades old still hold precedence and remain relevant today. However in a fast paced technological world, the law must recognise that the way in which cases are run is evolving and being apprised of these advances is increasingly important.

Adviceline Injury Lawyers specialise in personal injuries claims, meaning that we help people who have been injured at work, in car accidents, through medical negligence or public liability, access the compensation they need to get their lives back on track.

In this type of litigation the injured person must give evidence, either by way of affidavit and often, by way of evidence at court.

Medical evidence, such as reports from doctors, is important, but often the most convincing evidence is the injured persons explanation of the day to day impact the injury has had on their life. In order to prove their case, they must present to the court evidence of the consequences of the injuries that they suffer and the court needs to be convinced that, on balance, these consequences are believed and established.

Due to injuries, people often talk about pain causing reduced ability to be mobile and sleep deprivation. Often they are challenged by Defendants as to how severe those restrictions are.

We are seeing technology used against injured clients through the use of social media accounts, as they may paint a different picture to that presented to the Court. Similarly, with the advent of wearable technology such as activity trackers, these assertions could be challenged more robustly.

Activity tracking watches, such as 'Fitbit', measure heart rate and activity and sleep. If the Fitbit demonstrates, for example, better sleep or more activity than the person is stating, their credit could be detrimentally impacted and the case weakened. Whilst this argument hasn't been used in Victoria as yet, it could be one more evidentiary factor for a Court to consider.

It is important that to properly prepare a claim, your lawyer is aware of all potential avenues of attacking your credit.

Adviceline Injury Lawyers has over 40 years of experience and protect our client's rights and interests in Court. If you have been injured and would like some advice about making a claim, you can call our legal team directly on (03) 9321 9988.

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