Presenting Damages to Juries (Continued from page 32)


doctor can circle and draw arrows to the bone chip or fracture, or area of tissue damage. A marked up negative can be positive for your case. Plastic surgeons, as a rule, take excellent “be- fore” pictures. Ask for them.


4. Publish important exhibits. Ask per- mission to publish the exhibits or photos. As a judge, I have come to appreciate the jury’s frustration in lis- tening to a lot of testimony about something that they can’t see until the trial is over. I am often asked to rule on an objection to a document or ex- hibit that counsel have argued about, but not shown to me. They are in- tensely focused on it, and forget that I may not yet have seen it. I always ap- preciate being provided with a copy of an exhibit. The jury is no less appre- ciative. Don’t you want the jury to perceive you as the one who wants to


share the toys with them?


Ask the


court’s permission to publish an im- portant exhibit while its significance is still fresh in the jury’s mind. Pass around the anatomical models.


5. Tell them what got better. Some part of your client’s recovery may not have gone well, because, after all, you are in court. On the other hand, something undoubtedly got better.


Juries want


to hear that. Start by having your cli- ent talk about what got better. Maybe the ankle, the wrist and the shoulder were all injured. Have your client de- scribe the relief she experienced as the ankle and wrist injuries healed or per- haps how much she appreciates Dr. Pillcure’s very effective healing assis- tance, or both. Let the jury hear that before they hear about the deteriora- tion of the shoulder and the eventual rotator cuff surgery.


6. Prepare the client for cross. Many law- yers do an excellent job of preparing


their clients for direct examination. Less frequently are the clients as well prepared for cross-examination. They are afraid of the unknown and come across as nasty and argumentative. If the case is worth trying, it is worth the time to do a dry run cross-examina- tion of your clients with a video camera in your office. Coach them first and show it to them afterward. Point out to them how negative or defensive a response may sound or a mannerism might appear, and suggest alternatives. Practice until they get it RIGHT.


7. Don’t let the client whine. I know, your client is injured. He OR SHE is in pain. But let someone else whine for him, a spouse, a coworker, a physical therapist. Let your client be stoic. The jury will admire that. Someone else can explain to the jury that Mike really tries to keep climb- ing the ladder and running conduit


(Continued on page 36) CONSULTATION AND SERVICES FOR PERSONAL INJURY CASES


Chester Z. Haverback M.D., F.A.C.S., Chtd. Certified By and Diplomate of The American Board of Plastic Surgery Member of The American Society of Plastic Surgeons Member of The American Society for Aesthetic Plastic Surgery Fellow American College of Surgeons


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34 Trial Reporter Fall 2005


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