Why It Pays to "Visualize an Injury" for Mediation or Trial

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In litigation, it’s one thing to talk about an injury in dry medical terms, and quite a different and more powerful thing to show what actually happened anatomically at the time of injury. In a personal injury case, attorneys on both sides might focus so much on the issue of liability that they give short shrift to thoroughly understanding the injury itself. This often happens in catastrophic cases where the serious consequences of an injury are undisputed. During the many years in which I handled and tried PI cases, I myself often fell into the trap of spending so much time focused on liability issues that I didn’t fully visualize and grasp the nature of injury itself. I now recognize that this is a mistake and have since become a big fan of what I call “Visualizing the Injury.” This article examines why, and how to do it.

For plaintiff attorneys, the more thoroughly and accurately you can show the mechanisms and effects of the injury, the better off the ultimate result will be after major deductions occur in settlement for weak liability.

This article also includes a sample animation and medical illustrations.

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Published In: Alternative Dispute Resolution (ADR) Updates, Civil Procedure Updates, Professional Practice Updates, Personal Injury Updates, Worker’s Compensation Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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