Monday, December 10, 2018

In the March 2017 issue of Plaintiff, beginning on page 28, Jude Basile at the Basile Law Firm in San Luis Obispo, CA, explained how to help a jury find damages during trials by focusing on the defendant’s bad conduct.

Basile represents plaintiffs in personal injury and wrongful death suits.  Basile advises: “Spend all the time you can in the life of the person you represent,” according to Plaintiff.  Trials are based on credibility. Credibility begins with authenticity, being who we are. To become credible to a jury, an attorney needs to examine and display the plaintiff’s values. A plaintiff ends up with fewer money damages when the plaintiff, expert witness, or the attorney representing the plaintiff, does not appear genuine.

To obtain the most valuable results, Basile advises to show insight into the plaintiff’s life, beginning with birth.  For example, the plaintiff may value family, love, or compassion.  Basile recommends accompanying the plaintiff to work and appointments with doctors and physical therapists.  By spending time with the plaintiff, the attorney learns the events that shape and influence the plaintiff, and connects with the treating medical providers.

The defendant concentrates on the greed of the plaintiff, and the lawyer representing the plaintiff.  Attorneys are not seen in society as trustworthy, whereas doctors or nurses, who may be seen as honest, may commit medical malpractice

By getting to know the plaintiff, the attorney learns the plaintiff’s emotions and loss.  The plaintiff is no longer a medical description of an injury, or seen as medical bills, lost wages, and economic loss.

To enhance damages themes and testimony, an attorney can use the defense’s witnesses and experts against the defendant. For example, use the defense medical expert witnesses to describe surgical procedures or drugs being administered.  Show the callousness of a defendant by pointing out the lack of contact with a hospital to follow up on the how well the plaintiff is doing. 

As stated by Basile, “Explore feelings, look at who we are, why we do what we do, and share it all with others.”

Read the article here