Trials

It is a common saying that a picture is worth a thousand words. This saying is all the more true when trying to convey to a jury the pain and difficulty posed by various medical procedures. Taking it a step further, if a picture is worth a thousand words, then video footage is worth an entire book.

Some people are “visual learners” meaning that they retain information best when they can view it. For these people, a verbal explanation of injuries and medical procedures will have very little effect. Other people learn by hearing information presented to them verbally. Almost all people, however, learn most effectively when exposed to both verbal and visual information.

As Jacksonville injury lawyers, we have represented a multitude of clients who require pain management procedures. Usually these cases involve injuries to the cervical or lumbar spine. The pain management procedures include: epidural steroidal injections into the spine; nerve blocks; facet joint injections; and radiofrequency ablations.

If these procedures were described to you, they would certainly sound unpleasant; however, if I show you video footage of an epidural or radiofrequency ablation, you would probably cringe and wince. In short, video footage of an invasive procedure makes a viewer feel something, whereas a description simply does not.

Florida has a prohibition on “golden rule” arguments at trial. This means that a personal injury attorney cannot ask jurors to consider how they would feel if they hand to endure the pain and medical procedures at issue. Showing a video; however, is allowed, and the viewers cannot help but get a feeling of what it is like to endure these invasive procedures.

Because of this, when we have cases headed for trial, we make sure to have these types of procedures videotaped. This, of course, takes coordination with the client’s pain management doctor and a videographer experienced in capturing the procedure without interfering with the doctor. Finally, the video footage is shown at trial with the pain management doctor on the stand narrating the jury through the procedure steps.

Furthermore, using video footage of pain management procedures also helps to validate a person is genuinely suffering from severe pain. These procedures are not simple and painless. For example, an epidural steroid injection is inserted into the spinal canal and causes pain during and after the procedure, not to mention the serious side effects. Is is hard to imagine someone would volunteer for such an invasive procedure if he or she was not in serious pain.

If you are in need of an injury lawyer in the Jacksonville area, we are happy to answer any questions about how we can demonstrate the full extent of your injuries to a jury, judge and mediator.

Florida’s First District Court of Appeal hears the appeals for circuit court cases in Northeast Florida, including Jacksonville. It recently rendered a decision important for all trial lawyers in the state.

In a criminal case, dury jury selection, one of the venire (the pool of potential jurors) stated that he or she thought the accused had a prior criminal record. This was said in front of all of the other potential jurors. Obviously, for the attorney representing the defendant, this is an extremely damaging statement, whether it is true or not. Otherwise, the jury would most likely never be aware of the defendant’s prior convictions. The prejudice that can result from this is obvious.

The defendant’s attorney objected and asked the judge to strike the entire venire and start over with a new group of potential jurors. The court denied the motion. After the remainder of jury selection took place, the jurors were sworn in to serve. Prior to being sworn in the defense attorney did not renew the objection, perhaps believing that the prior objection sufficed.

Unfortunately for this defendant, the law in Florida requires that any objection to the jurors selected must be renewed prior to the panel being sworn in or else the objection is waived. As such, this jury was allowed to decide the case having heard that the defendant had a prior criminal record. The defendant was convicted. The appellate court held that the conviction could not be reversed because a second objection just prior to the jury being sworn in was not made. In my opinion, had that technicality been satisfied – the appellate court would have overturned the conviction.

This case highlights the many pitfalls in trying cases and the many hypertechnical details that can make the difference between justice and travesty. Trial is an extremely dynamic process that presents a minefield of potential errors that can subvert true justice from taking place. The burden on a trial lawyer is immense. The lawyer cannot lose focus for a second during trial – a difficult task, especially considering the long hours spent each day and night handling a multitude of details.

Because of these difficulties, we find the old adage “two heads are better than one” to be especially true in trial work. Any case worth trying is worth trying with two lawyers. There are always things one lawyer picks up on that the other attorney did not. When hiring a lawyer for your injury, insurance or nursing home case, ask whether he or she tries cases singlehandedly. Having more than one lawyer try your case could help prevent an unfortunate circumstance like the one experienced by the defendant in the above-referenced criminal case.

Having two lawyers does not increase the expense to clients in cases in which the clieint hired their attorney on a contingency basis – the percentage is the percentage regardless of the number of attorneys working on the case.
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Articles Posted in Trials

The Power of Images: Documenting Medical Procedures in Injury Cases

Recent Florida First District Court of Appeal Decision Highlights Importance of Making Proper Objections at Trial