on the magnitude of damages while having the animation running at the same time . It takes practice and repetition and refinement , but it is worth the effort . For that discrete portion of closing argument , there should a well-defined argument that has a beginning , an emotional peak , and an appeal to logic — all within the runtime of the animation . This can be done , effectively , immediately before discussing what should be filled in on the verdict form damages line .
Jurors remember a lot more of what they see than what they hear . Through the effective use of medical illustrations and animations at trial , jurors are not only educated about the medical issues , they are empowered to better understand and appreciate the magnitude of the plaintiff ’ s loss . Through choreographed use of the elements of these tools , the trial attorney can better leverage the value of the undisputed facts and focus the jurors ’ attention on the correct aspects of the issues in dispute .
All of these techniques were used in Mr . Ngo ’ s case . At baseline , his case involved a right-sided ankle fracture and femoral fracture , resulting from a motor vehicle collision : at trial , the attorneys decided to proceed with no economic damages blackboard . The undersigned attorney used these trial techniques in combination with the undersigned medical illustrator author ’ s illustrations and animations , to aggressively leverage the undisputed facts and focus on the correct aspects of the disputed facts that needed focus . The jury returned a verdict in excess of $ 8.2 million in non-economic damages . Prior to trial , the maximum settlement offer from the defendant was less than $ 100,000.00 . The use of medical illustrations helped to leverage the undisputed facts and focused the jurors ’ view of the disputed facts in such a way that they regarded them as facts in the plaintiff ’ s favor which never should have been disputed .
All images © Artery Studios Inc .
Timothy O ’ Brien is a senior shareholder at Levin Papantonio Rafferty board-certified civil trial attorney who concentrates his practice in the areas of mass tort litigation as well as single-event personal injury and wrongful death litigation .
Stephen Mader is a Certified Medical Illustrator and the President of Artery Studios Inc ., and lectures on “ Sequential Medical Communication : Demonstrative evidence for the courtroom ” at the graduate level .
26 x The Trial Lawyer