Section 13 Photographs of Injuries and Models

• Library: Damages 2012

Photographs of a draining wound, swelling, bruises, a scar, a person in traction (and the pins often inserted in the body to keep the device in place), bed sores, or amputated or disfigured limbs are self-explanatory and illustrate the pain associated with them. Likewise, models can be effective tools in demonstrating the nature and extent of injuries. The contemporary rule seems to be that both are admissible within the sound discretion of the trial court as long as they do not exaggerate the plaintiff’s injuries.

Several cases have addressed the use of photographs and models:

In Henderson v. Fields, 68 S.W.3d 455, 474 (Mo. App. W.D. 2001), the court held that even gruesome photographs, if otherwise relevant, are admissible in a wrongful death action. In that case, the court stated that photographs of decedents in a severely crushed vehicle were probative of the speed of the defendant’s vehicle, the level of impact, the point of impact, and damages that the decedents may have suffered between the time of injury...