This is a legal video documenting a Plaintiff’s daily activities from the moment they get up to the moment they go to bed. To be admitted as demonstrative evidence, the legal video is subject to judicial discretion. They must meet two conditions:
A day in the life video must be probative, accurately communicating what, for example, the Plaintiff's life is like as they struggle with ordinary daily tasks due to the injury presented in the claim, It can include images or video of what their life was like before the injury and even can have music but they must not be prejudicial.
A day in the life video must be authenticated by Plaintiff’s primary caretaker, life partner, or nurse who can testify at the trial set a context, and verify the image presented is factual.
A Day in the life videos can also be used for other phases in the legal process, such as mediation or settlement. They are practical and powerful statements in this phase of a claim. However, the video producer must understand probative vs. prejudicial values regarding admitting evidence at trial.
Demonstrative evidence refers to a visual, graphic, sound aid, or video used to explain or illustrate a witnesss testimony or the presentation of the plaintiff's case, but which does not by itself prove a fact at issue. New York has long approved the admission of demonstrative evidence. Presentations can explain a claim: maps, diagrams, drawings, photograph, model, day in the life video and can educate the fact finders. The demonstrative evidence presented must properly be authenticated. It also must be directly relevant to a particular issue. It must assist the finder of fact in understanding the case and not be prejudicial.