Personal Injury Lawyer Virginia Beach

You walk into your attorney’s office carrying what you believe is the key piece of evidence in your case—a tattered pair of shoes soaked in dried blood. They are the ones you wore the night of the accident.

“Can we show this to the jury?” you ask. You’re hopeful that these shoes will help convince the other side of the truth of what happened.

It’s natural to believe that when you’ve been injured, evidence like this could tip your case in your favor. But in a personal injury lawsuit, presenting evidence—legally termed exhibits—is governed by strict legal rules. Your lawyer can’t simply take in whatever you give them, no matter how persuasive that item may be.

At Shapiro, Washburn, & Sharp, we have a thorough understanding of the legal requirements for exhibits. Decisions about how they are used, presented, and even if they will be shown are all decided well in advance.

If you or a loved one was seriously hurt in an accident, call our Virginia Beach personal injury attorneys at 833-997-1774 for a free consultation. Meanwhile, find out more about how the law treats exhibits below.

What Is an Exhibit?

In legal terms, an exhibit is any item presented as evidence in a legal proceeding—including trials, hearings, and even pretrial motions and discovery. These exhibits are pieces of evidence that help everyone understand what happened in the accident. They can also help a jury absorb important or complex data, understand science or medical issues, and retain information throughout a trial.

There are all kinds of exhibits, and they fall into different categories. Some of the most common types include the following.

Photographs

Images of the victim’s injuries, the accident scene, damage to property, road conditions, the condition of a piece of equipment, or anything else that may be relevant to the case.

Medical Records

Detailed records from the doctor, hospital, medical center, physical therapy office, or pharmacy that provide proof of the victim’s diagnosis, treatments, surgeries, prescriptions, physical therapy, and long-term therapies.

Expert Reports

Written opinions from doctors, accident reconstructionists, economists, or anyone else that can offer expert opinions to help explain the case.

Police Reports

Reports like this offer objective, third-party input and are often used to help establish fault.

Expert Witness Testimony

These are live exhibits, so to speak, as they involve professionals who explain medical conditions, accident mechanics, how a machine works, the science behind a medical product, and more.

Clothing or Personal Items

Torn clothing, damaged helmets, or other items that show how severe the incident was can be helpful in a case.

Crash Data

Downloaded data from vehicles—such as the black box data from a large commercial truck—can include speed, braking, and time spent on the road. All this information may be pertinent in determining fault and what happened in the accident.

Video Footage

Surveillance video, dashcam footage, and smartphone videos may be used as exhibits in a personal injury case.

Charts and Graphs

These may be created and used to explain timelines, medical costs, or lost wages in a visual way.

3D Models

These may sometimes be used to demonstrate more complex injuries or crash dynamics.

What Are the Rules About Exhibits?

It may seem like you could hand your lawyer an exhibit, and they could walk it into whatever legal proceeding you may be involved in. It’s not that simple, however. There are strict legal rules concerning evidence.

For example, your lawyer has to tell the other side about all exhibits you may be using well before trial—usually during the discovery process. That’s when both sides exchange documents, evidence, and witness lists.

Each side must create an “exhibit list” and share it with the other party. This list has every piece of evidence on it that you and your lawyer intend to use to prove your side of the argument. If a piece of evidence is not on the list, you probably won’t be able to use it, even if it’s important to your case.

One of the primary jobs your attorney has is to wade through all the relevant evidence in your case and identify those exhibits that will be most important and persuasive.

How Are Exhibits Presented?

A formal process is also involved when introducing an exhibit in a trial. Your attorney has to categorize it and label it according to legal rules.

To be admissible, exhibits must meet specific criteria—they must be relevant, not unduly prejudicial, and not confusing or misleading. So-called “real” evidence—any item that directly played a role in the incident—has to be authenticated and shown to be free of any alteration. Certain state rules apply to exhibits as well.

Then, during a hearing or trial, the following occurs:

The lawyer shows the exhibit to the opposing counsel and then asks the judge for permission to admit it into evidence. This is after the exhibit was already included on the pretrial exhibit list.
If the judge agrees, the exhibit gets a number and becomes part of the official record.
The lawyer can then show the exhibit to the witness, ask questions about it, and present it to the jury.

This system is designed to ensure fairness, accuracy, and relevance. Imagine you have a dramatic photo of a gruesome injury that you feel is very relevant to your case. If it’s overly emotional or doesn’t prove anything beyond your other exhibits, the judge may decide not to show it to prevent unfair prejudice.

What Does the Judge Have to Say About Exhibits?

While you and your lawyer may go through the proper process to have your exhibits included in your case, it’s up to the judge to decide whether and how they are presented. The judge’s job is to act as a gatekeeper against irrelevant, misleading, or overly prejudicial exhibits.

For example, a judge may limit the number of photos you can show or prevent specific videos from being played if they’re taken out of context. The judge may also exclude expert testimony they don’t feel is based on recognized science or methodology.

The judge also controls when exhibits may be introduced. A diagram of an accident, for example, might not be allowed during the opening statement but may be admitted during a witness’s testimony.

Do Exhibits Come Up During Settlement Negotiations?

Exhibits aren’t just for trial—they also play a key role in settlement negotiations. Just as your personal injury lawyer must follow exhibit rules to show your evidence at trial, they must follow the same rules to bring evidence to settlement negotiations.

You can use similar exhibits to strengthen your case, including medical records, photographic evidence, and compelling expert reports. During the discovery process, both sides will assess the strength of the other side’s evidence. If your exhibits show solid, factual proof of your injuries and help prove fault in the case, the other side may decide that fighting in court is too risky and agree to settle.

How Can a Personal Injury Attorney Help?

Putting together a winning case is a little like assembling a puzzle—and the exhibits are the pieces. At Shapiro, Washburn, and Sharp, we know which pieces to use, where to place them, and how to present them effectively to increase your chances of getting the compensation you deserve.

If you’ve suffered an injury due to someone else’s negligence, contact us at Shapiro, Washburn, & Sharp immediately. We will help you gather, organize, and present your exhibits in a way that gives you the advantage in your case, as we did for our client, who was hit and injured in a rear-end crash.

We helped negotiate a $300,000 full policy settlement in our client’s favor, even after the insurance company tried to say that our client’s injuries were not consistent with the impact of the collision.

To better serve our clients, our offices are located in Virginia Beach, Hampton, Norfolk, Portsmouth, and Chesapeake.

What Can Be Used as Evidence in My Personal Injury Case?