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Jury Distracted? Get and Keep Your Jury's Attention

August 11, 2017

In presenting your client's case to a jury, it is your job to sift through the mountains of documents, photographs, policy manuals, depositions, and other evidence and present what is necessary for jurors to understand your client's case. However, while you are impeaching a witness, while your expert is testifying as to the probability of future treatment, or while you are going over hospital policy(ies), you do not want your jurors' minds to wander off. Here are some ideas to keep the information from falling between the cracks:

 

* Timelines - Try using an interactive timeline that keeps your jury engaged.  This timeline includes graphics and hot spots for key documents, photographs, and credentials.  If you are suing an electronic timeline, you can zoom in and highlight important points while discussing the timeline.  If you chose to do a printed timeline try to weigh in the effect of the length of the timeline.  If you want to show that a physician had multiple opportunities to correct his/her mistake, you make want to print a very long timeline so the weight of the time is more effective.

 

* MRI Films and X-Rays - Many attorneys make the mistake of pulling up the same X-ray or MRI film over and over again without even making sure that the jury understand what they are looking at.  The reality is many lay people do not understand how to view an x-ray, not to mention how to read one.  It is better to use colorized x-rays or MRI films that have been colorized by a medical illustrator. This allows jurors to see the injuries that the Plaintiff sustained rather than just assuming they can see it or being too embarrassed to say that they cannot see where the injury is.  You also do not want to make the mistake of letting the jury assume that there is no injury because they simply do not understand the films being presented.  By creating colorized x-rays and MRI films, experts are not able to step into that professor role and educate the jury.  This will allow you expert to gain your juror's trust. 

 

* Video Deposition - Trying to impeach a witness with prior deposition testimony? Using a written transcript and reading it out to jury DEFINITELY does not have the same effect as playing a video watching the witness say something totally contrary.  If seeing in believing, then video is key.  

 

You have come a long way from intaking your client.  You are now at trial, probably anywhere from two to four years into this case - not to mention the costs.  It would be a shame if during the finale you lose your deciders', the jury's, attention.  APVisuals works with local South Florida law firms and lawyers in Miami-Dade, Broward, and West Palm Beach to create visual strategies for trial to keep jurors engaged.  If you are headed to trial, please contact to discuss. We would love to be part of your team.

 

 

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