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Day-In-The-Life Documentaries
Typically these presentations are reserved for trial although they are also used at mediation. The videographer documents and features the plaintiff's Activities of Daily Living, i.e., bathing, dressing, eating, and various therapies. It dramatically depicts the effects of catastrophic injuries, such as paraplegia, quadriplegia, and brain damage. A Day in the Life is produced without narration, and is used in conjunction with live testimony in the courtroom by the plaintiff, a caregiver, or a therapist. The twenty to thirty minute presentation is shown to the jury so fact-finders have an opportunity to see and comprehend the daily challenges the plaintiff faces. |
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Helps the Jury Measure the Loss:
What is a day-in-the-life documentary? One of the central issues in a personal injury case is the damage plaintiff has sustained. That is difficult to measure. The purpose of the documentary is to help the jury measure the loss. In our experience, judges have ruled that this type of evidence is the best way for a jury to evaluate this issue. It is not possible, nor practical, for a jury to spend time in the plaintiff's environment, observing how routine obstacles become insurmountable barriers to a handicapped individual. A video documentary depicting the plaintiff in his/her environment fills that void. Individuals who have learned to live with devastating handicaps, when asked "to tell their story," tend to greatly minimize their predicament. As a result, they are often "bad witnesses" on their own behalf. A day-in-the- life documentary that fairly, honestly, objectively and accurately portrays plaintiff's altered lifestyle, lets the injury and its effect speak for itself. |
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A Major Benefit for the Plaintiff
Not since Gutenberg have the dynamics of communication taken such a dramatic step forward as today with the potential that video offers. This is especially important where trial attorneys rely on visual and verbal communication to persuade the triers of fact. How much better can you present the merits of one's case than by using the best method of communication available today? If you need to persuade the jury that your client's life has been changed, show them the injury and the changes it has brought. Having seen a day-in-the-life documentary before trial, defense counsel will appreciate the extent of the damages. This kind of video evidence tends to have a negative psychological impact upon one's adversary. In our experience, many judges have held that video documentaries depicting plaintiff's consequential damages are "the best form of evidence the jury has to evaluate damages." If jurors understand the injury and its impact, they can intelligently place a value on the case. |
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