Defense Attorney REFUSES to Allow Photograph Into Evidence! Can He Do That? NY Attorney Explains NY Medical Malpractice & Personal Injury Lawyer Gerry Oginski Explains
516-487-8207
Email: Gerry@Oginski-Law.com
I want to show the jury a photograph of your injury.
This way you don't have to take your shirt off.
Your injury looks bad.
You are disfigured.
You were maimed.
You have ugly scars.
It's not comfortable for you to talk about.
Your doctor took these photos.
We gave copies of these photos to the defense.
We told them we intended to use these photographs to show to the jury.
They know about it.
They questioned you about it during your pretrial questioning known as a deposition.
It's not a surprise.
They had time to have their expert look at the photos.
I never received any notice from the defense that they would object to us using these photographs at trial.
Your case finally gets to trial.
When I'm questioning you, I ask you to describe your injury.
I ask you if you have photographs showing your injury.
"Yes I do. My doctor took photos and gave them to me. I gave them to you," you answer.
I hand you the photos.
"Are these the photos you gave me?" I ask.
"Yes they are," you answer.
"Do these photographs accurately show your injury at the time the photos were taken?" I ask.
"Yes they do," you reply.
I ask a few more questions to verify the accuracy and authenticity of the photographs.
Then I turn to the judge and say "Your honor, at this time, I offer these photographs into evidence," fully expecting the judge to say "Ok, mark it into evidence."
The judge turns to my adversary and says "Counselor, any objection?"
"Yes judge, I do!" he says.
Watch the video to learn more...
Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client:
To learn more about how accident & medical malpractice cases work in the state of New York, I encourage you to explore my educational website,
If you have legal questions and your matter happened here in New York and you're thinking about bringing a lawsuit, I invite you to pick up the phone and call me at 516-487-8207 or by email at Gerry@Oginski-Law.com. This is what I do every day and I'd be happy to chat with you.
Law Office of Gerald Oginski
35 South Drive
Great Neck, NY 11021
516-487-8207
Email: Gerry@Oginski-Law.com
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