Explaining The Length of Injury to Jurors
Most states have a statutory life excpectancy statute in cases where there is permanent harm to the plainitiff. But what is the best way to explain that to the jury? Once you have a statutory life expectancy of 34.6 years? How do you get a jury to see the maximum impact?
One good way is to flip the time backwards and show them all that's happened in the past 34.6 years. Something like this:
Ladies and gentleman of the jury, the judge is going to instruct you that Joe is going to have these problems for 34.6 years. That's a long time. You don't need a lawyer to tell you that. You know that. But it's difficult to understand just how long 34.6 years is.
If we look backwards, rather than forwards 34.6 years ago was 1972. Richard Nixon had just been re-elected and Watergate had not taken place yet. First Time Ever I Saw Your Face by Roberta Flack was the most popular song.
1972 was 10 years before the personal computer. Our soldiers were still in Vietnam.
Think about the presidents we've had since that time and what all has happened in your life. Richard Nixon, Gerald Ford, Ronald Reagan twice, George Herbert Walker Bush, Bill Clinton twice, George W. Bush twice. That's a long time.
Think about all that's changed in our life since 1972. The invention of computers, vcrs, cable tv, dvd's, the internet and so on....
That's how long 34.6 years is. That's how long Joe will have to live with his pain. 34 birthdays, 34 Christmases, 34 New Years Eve's and 34 anniversaries.
In addition, having a CLNC explain the process could also influence a jury. An RN is someone people usually trust. Because of my professional background and expertise, I have the ability to communicate information to people of all educational backgrounds. I see anxious eyes light up when they understand. Tactics include eye contact, and finding common ground, and pulling info from their lifestyle to provide an analogy they can understand.
Kaye Miller, RN, CLNC
1824 Meng Road
Bowling Green, KY 42104
270-535-3679
A long life expectancy in a case with a previously active plaintiff also opens the option of detailed explanation re the previous pain-free activities and enjoyment thereof by the plaintiff. Then the extended effect of the injury with limitation or pain, will have both contrast and additional emphasis.