What’s the Best Way to Explain Catastrophic Injuries to a Jury?
When it becomes necessary to file a civil complaint in a personal injury case, it is usually because there is a dispute about who is at fault or the level of severity of the injuries your client has suffered.
In order to prevail against the defendants, you have to create a certain level of empathy with the jury, and that begins with explaining how the catastrophic injury inflicted upon your client has impacted their life.
The strategies that you adopt to explain a catastrophic injury involve communicating in a persuasive and relatable manner.
Here’s a breakdown of the approach you can take to explain catastrophic injuries to a jury.
Define Catastrophic
You need to begin by defining “catastrophic” as it relates to your client. The following are examples of catastrophic injuries that you can use to compare your client’s injuries to:
- Spinal cord injuries
- Paralysis
- Traumatic brain injury (TBI)
- Disfigurement
- Severe burns
- Severe organ damage
- Occupational illnesses like mesothelioma
- Amputation
- Injuries that cause loss of hearing or vision
It is likely that some members of the jury may know someone with these types of injuries. This will help frame what your client is experiencing.
Use Compelling Visual Evidence
In order to connect with your jury about the extent of your client’s injuries, you first need to explain what happened to them. That is where compelling evidence, such as the high-quality medical animations produced by Advocacy Digital Media, can be beneficial.
Our animations can convey large amounts of medical information into a 2D or 3D animation that your jury will be able to understand. You’re creating a visual memory that the jury will hold onto throughout their deliberations.
Emphasize the Life-Altering Impact
On some level, your jury will be able to relate to what it feels like to experience physical pain.
We’ve all had injuries and ailments, but you have to explain what catastrophic means in this case. You want to highlight how the injuries have affected every aspect of the victim’s life.
This includes the support they need to carry out their daily routines and any mobility challenges they may be experiencing.
Provide Expert Witness Testimony
You’ll want to include expert witness testimony, starting with medical professionals who can provide detailed descriptions of the injury. Demonstrative visuals can also support this testimony.
The same expert can also outline the necessity for ongoing care and the prognosis for recovery.
Your list of witnesses can also include life care planners who can speak about the future medical expenses for your client. You might also want the jury to hear from your client’s family, friends, and coworkers who can describe how the injury has impacted their relationship with your client.
Explain Noneconomic Damages
It will be easy to show the financial losses that your client has incurred because of the injury, but you also have to explain the role of pain and suffering or the non-economic damages. This is the compensation to cover the pain, suffering, and emotional distress your client is enduring.
You also want to discuss how the injuries have affected your client’s ability to engage in hobbies, sports, relationships, and live a full, rich life.
Simplify Complex Information
Overall, you need to simplify complex medical information. A medical professional might be able to classify the severity of a fracture or the degree of a burn, but your client can describe the pain on a scale of one to ten, with ten being the most excruciating.
How many “tens” do they experience on a regular basis?
Create an Emotional and Visual Story
When explaining catastrophic injuries to a jury, you need to create a complete emotional and visual story. The emotional elements will come from the testimony of your client and the people in their lives. That can come from Advocacy Digital Media.
We provide the kind of courtroom visuals that help attorneys prevail in complex civil lawsuits.
Our visuals help you engage with a jury and bring them along on your client’s journey. Reach out to Advocacy Digital Media as you prepare for your next trial.
Let’s discuss ways to enhance your presentation.
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