These documentaries are increasingly popular as a tool for presenting plantiff' damages to the jury. The purpose of a "day in the life" is to portray the consequential damages that has been sustained because of an incident. The jury must see and understand how a plantiff's life has been changed. Nothing is more adapt at this than a well produced video which chronicles the "Activities of Daily Living". It is not possible nor practical for a jury to spend time in the plantiff's own environment observing how routine obstacles have become unsurmountable. This video documentary fills that void.
The name, "Day in the Life" is really a misnomer. It is not an attempt to record an entire day in the life of an injured plantiff. We prefer to call it "Activities of Daily Living" (ADL) . The point is to honestly and accurately portray how plaintiff's normal living has been altered as a result of the handicap.
The damage that the plantiff has sustained is very difficult to measure. The purpose of the ADL Documentary is to help the jury measure the injured person's loss. Individuals who have learned to live with devastating handicaps tend to greatly minimize their predicament. As a result, they are often bad witnesses on their own behalf. An ADL that fairly, honestly, objectively and accurately portrays plaintiff's altered lifestyle lets the trier of fact see its affect and the video evidence will speak for itself.
Making an ADL can be beneficial to help plantiff's attorney understand the loss. It puts the lawyer into the plantiff's own environment, where the video is being recorded. Only there can counsel begin to understand the enormity of the injury. Suffering is a subjective test and difficult to comprehend. That puts a greater burden on the attorney who must persuade a jury to render a verdict in favor of the injured party. Having lived in the life of the client while supervising the production of the ADL the attorney become sensitive to the complete range of damages.
This kind of evidence tends to have a negative psycological impact upon one's adversary. having seen the ADL before trial, defense will appreciate the extent of the damages suffered. If jurrors fully understand the injury and its impact then they can place a value on the case.
Call us for more information or to schedule a video.
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