In this day and age, video cameras are everywhere. Most businesses have security camera systems and I’d venture to say that just about every mobile phone now has a video camera function.  Like it or not, you are being recorded almost everywhere you go.

A quick internet search on YouTube will turn up hundreds of thousands of events captured by everyday people who are bystanders or witnesses to events. People record everything. Have you been to a concert recently? Ever notice the number of people who stand holding their cell phones up in the air to record the concert rather than enjoy the moment?

What does this have to do with court cases and litigation? Well, they say “a picture speaks a thousand words” so imagine the effect that a video has when it is played for the jury during a trial, especially if the video captures sound. If you were a juror, wouldn’t you rather have a video of an incident to watch than to look at a series of still photographs? Of course you would!

A video can either make or break a case. As a personal injury lawyer Memphis, TN  comes to time and again for legal advice, here are a couple of things to keep in mind in today’s video savvy society:

(1)    Always assume you are being recorded, and act accordingly.  Not much goes undocumented these days.  Don’t let a moment of bad judgment ruin your reputation, or in the context of litigation, your entire case.

(2)    Beware of surveillance by private investigators. Attorneys often hire private investigators to obtain video surveillance of a person of interest. For example, a defense lawyer might hire an investigator to follow an injured person around for a few days and film him or her to try to show that the person is exaggerating their injuries for purposes of the lawsuit.  Another example might be that a divorce lawyer hires an investigator to capture video surveillance of a cheating spouse.

One Example of How Video Surveillance Footage Has Been Used in Court

• A personal injury victim (the Plaintiff) claimed that after the accident, she “really couldn’t do anything because everything bothered” her.  She stated she could not walk a lot, stand too long, cook as often, bend, stand straight up after sitting, and that she does not use stairs. She also stated that she limped and dragged her leg for 3-4 years after the accident and was still not active by the time of the trial 7 years later. The Defendant presented video surveillance of the Plaintiff which showed her running errands around town and getting into and out of her car, walking in and out of various locations, walking in high heels, standing around talking with a friend, and getting into and out of her large SUV without difficulty. The judge allowed the video over the Plaintiff’s objection because it was relevant to the Plaintiff’s credibility, her symptoms, and the effects of the injury.

 Thanks to our friends and contributors at Wiseman Bray PLLC who have significant experience fighting for injury victims in Tennessee.

While modern technology has made it much safer for women during their pregnancies and deliveries, medical misconduct or negligence can still result in the death of the mother. Not only does this mean that the child will grow up without ever knowing their mother, the family will go through intense suffering, financial and social hardships as a result.

The World Health Organization sets goals to reduce mortality in childbirth, and was alarmed to find in recent years that this number has gone up in parts of the United States.  One risk factor is delivery by C-Section deliveries, which now accounts for 32% of births. “Cesarean has its place, and it has saved the lives of mothers and babies,” says Dr. Michael Lu. “But Cesarean has its complications and these can increase the risk of maternal death.” This is due to how C-sections require intensive surgery, and are associated with higher health and safety risks for mothers and infants such as infection.

Another factor is women are having children later in life.  With this risk factor, “It’s not clear whether it’s age, or that older women have more chronic conditions when they enter pregnancy,” he says. “The demographic of childbearing is changing. Women are getting older and they are entering pregnancy with more conditions like obesity, diabetes, and heart disease.”  One avoidable risk factor in maternal mortality is negligence.

If it can be proven that the mother died as a result of negligence and the family sustained damages as a direct result of her death, the remaining family members may be eligible to maintain a wrongful death lawsuit against the hospital,doctors, and staff. In most cases, the deceased mother’s immediate family, such as her spouse or partner and child, may file the claim. In other cases, however, extended family members may be eligible to file a claim if they sustained damages caused by the death.

When filing a wrongful death claim against a doctor or the hospital where the death occurred, there are certain types of compensation that the family members of the deceased person may seek. These include any medical expenses, the cost of an unexpected funeral and income that was lost. Additionally, the family may seek compensation for their pain and suffering and for their loss of companionship.

If the mother dies unexpectedly during childbirth, it may be difficult for the woman’s family to think about anything but their loss. However, if there is any indication that negligence was involved in the death, it is imperative that the family commence a wrongful death action as soon as possible due to the statute of limitations. Statute of limitation refers to the number of years you have after an injury to file a claim. A personal injury lawyer Naperville IL trusts may assist the remaining family with determining whether or not the family has a claim and provide evidence that their loved one’s death was caused by negligence.