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It has oft been said that a picture is worth a thousand words, but in the context of personal injury cases, a picture can be deceiving. However, a visit to the actual location of an event provides one with not only the opportunity to better understand photos taken by others, but to take your own from the perspective that best allows a future adversary or jury to understand what transpired. This article focuses on giving the reader the "tool box" for always having the advantage.

The late master of trial, Myron Kronisch, lectured that no one should ever handle a case with an accident scene that they didn't visit themselves. Every PI lawyer should keep their cell phone at the ready and have a tape measure in their car. This way, when a new case presents itself one can stop in the area on their way to work, to a deposition or on their way home. In today's age when there seems to be an app for anything and everything, we recommend that you download flashlight, magnifying and level apps. There may be others that you will find useful on a case by case basis, but the aforementioned will provide a basic "tool box."

Many will ask why isn't it just better to just send an investigator; certainly that is a reasonable alternative when one cannot get there soon, but there may be aspects you will only see if you are on site yourself. Having your own "live" mental image that your adversary does not possess can be a strong advantage in discovery and at trial. In one example of when an investigator's pictures did not tell the whole story, regarding a fall in an office building, the client didn't really understand why she fell. The photos, however, showed a landing marked with yellow tape in several areas warning of where the edge of the landing was located. But a visit to the actual scene  resulted in a walk down three sets of stairs that were all conforming eight-inch risers that led to the landing, and a next step that was only four inches high, resulting in a "short step." What seemed hopeless turned into a pre-suit settlement.

In another case involving intersections, a site visit will allow you to determine sight lines and lane markings, and preserve them for when questioning the witnesses, affording credibility and confidence in your questioning. And if the accident occurred in an area that is congested, there may be video cameras whose tapes you can request, which may provide a live view of the accident. This may not only help you prove a case, but also stay away from a case where the facts are not exactly as represented to you.

In a premises case, a site visit will allow you to determine the lighting and the measurements that are relevant, the potential for any security cameras and the placement of obstructions or obstacles, as well as the presence of any personnel. And if your case involves a weather scenario, more than one visit may show patterns of how a particular area melts and refreezes, or how water flow can be the cause of a hazard.

While an investigator should be the one to interview any witnesses, the potential for identifying an otherwise unknown witness, or to have one actually come up to you and ask if you are investigating an accident they had witnessed, cannot be under-appreciated. If you dress more casually, people will feel comfortable asking you what you are doing and give you a way to identify them for the investigator to return. Besides, you may need to get down on the ground to get the best angle to look at what you need to see, particularly when it is a tripping hazard where seeing the edge is so important.

If you cannot access a property, or in advance of your visit, do a quick Google Earth view to make your visit more efficient. If appropriate, talk to an investigator who has a license to fly a drone or work with someone that does; it may enable you to avoid a confrontation or incident.

Remember that if you see something that you want preserved, certainly you should send a spoliation letter to alert the defense to the need for the same. If you want to film anything that could be considered an experiment or a reproduction, you should read Balian v. General Motors, 121 N.J. Super. 118 (App. Div., 1972), which provides in part:

As a prerequisite to the admission into evidence of motion pictures of a reconstructed event or a posed demonstration taken during the pendency of an action, fundamental fairness dictates that the party proposing to offer such evidence give notice thereof and an opportunity to his adversary to monitor the experiment and the taking of the film.

If a case calls for it, engage a visual strategist to help bring what you have seen to the eyes of the jury, as this is what all this work has been for, and without the final leg of the process all may have been for naught. Because, ultimately, a jury is essentially a class, and the trial lawyer, the teacher. Educational research has shown that most people are visual learners and they remember five times more what they see and hear over what they just hear, and comprehend much more fully what they see. Thus, the phrase, seeing is believing.

These simple tips will enable personal injury attorneys, whether plaintiff or defense, an opportunity to gain advantage over a less enthusiastic adversary, and hopefully result in more matters that can be resolved earlier.

Tyrone Sergio is a member of Britcher Leone, with offices in Glen Rock and Morristown. E. Drew Britcher is a founding member of Britcher Leone, and leads the firm's trial practice.