Verdict - Spring 2018 - 22

swayed, and provide you an opportunity

radiofrequency ablations, a discectomy, spi-

to demonstrate the necessity of jury trials.

nal fusion, etc.)?"

"Conversely, have any of you ever heard of
wrecks or other situations where people got

"Has the injury caused you to alter any of

seriously injured just because they were turned

CHAPTER 1 - EXPERIENCE

your daily activities? Has it affected your job

the wrong way or didn't expect the impact?"

WITH SIMILAR INJURIES

or your family in any way?"

One positive note about a neck or back

"Does anyone believe that a ruptured disc

injury case is that you will find many panel-

that requires surgery on your spine or near

ists have some familiarity with such injuries.

your spinal cord is a minor or insignificant

Those who have suffered a neck or back injury

injury?"

PRE-EXISTING CONDITIONS
Another favorite defense to a disc injury is
the notion of pre-existing, degenerative con-

will understand the medical treatments and
lifestyle changes necessitated by such injuries.

CHAPTER 3 -

ditions of the spine. If you've ever handled a
CHAPTER 2 - IMPACT

herniated disc case, you are deeply familiar

FORCES/CAUSATION

with this issue and should know how to head

Insurers focus heavily on the severity

off those arguments in the depositions of

"Does anyone currently suffer from a torn,

or lack of severity of a given wreck and

your client's treating doctors. You need to

ruptured or herniated disc or a pinched nerve

are firmly convinced that cases with minor

also deal with this ruse and distraction in

in their spine?"

impact damage are winnable. We disagree,

voir dire.

SAMPLE QUESTIONS:

"How did the injury occur?"

but the details are important. For exam-

"How long have you dealt with the injury?"

ple, the plaintiff's position in the vehicle

"Have you ever had to undergo (surgery,

at impact, the position of the headrest, or

"The eggshell plaintiff rule means that if

epidural steroid injections, physical therapy,

whether the plaintiff anticipated and braced

you hurt someone who had a pre-existing

for the collision are important details.

fragile medical condition that you cannot

DON'T JUST
LOOK INTO IT...

SAMPLE QUESTIONS:

Address the fact of the low-speed wreck

escape responsibility for the injury just

early and directly in voir dire. If you have

because the injured person was weaker or

your treating doctor testifying to causation,

more fragile than someone else. Is there

couple the low-speed crash with your ques-

anyone here who thinks that rule is unfair?

tions on causation.

Or who could not follow that rule because of
some personal experience you have had?"

SAMPLE QUESTIONS:
"This is a fairly low-speed wreck - about

CHAPTER 4 - RACE BIAS

Investigative Services

4-5 mph. Is there anyone here with particu-

Unfortunately, racial bias remains a signifi-

lar expertise in any field - like an engineer,

cant issue in our society, and the courtroom

EXTREME DUE DILIGENCE

medical doctor or accident reconstruction-

is not insulated from those concerns. Failure

LITIGATION SUPPORT

ist - who would be particularly qualified by

to address this issue can be a fatal mistake.

that training to say that a 4-5 mph wreck

Your approach can vary based on your case,

CANNOT cause a ruptured disc if you are

venue, plaintiff and your individual person-

hit just right?"

ality. In cases we've tried for Hispanic cli-

FIELD SERVICES

Request services confidentially today
by phone or online

770-381-8022

1-800-348-3980

www.delveinfo.com

"How many of you have heard of wrecks

ents, possible biases need to be discussed

at very high speeds - 40-50 mph - where

directly with the panel. You should lead into

people amazingly walked away with abso-

the discussion with something like, "Race

lutely no injury?"

is a difficult issue to discuss in public, but
there is no political correctness in the

908451_Delve.indd 1

3/7/18 5:35 AM

Business Appraisal Group, LLC
P.O. Box 7140 - Tifton, GA 31793 * www.bval.net

courtroom and I need to talk to you about it."
SAMPLE QUESTIONS:
"Some people have told me that my cli-

A professional business valuation firm specializing in business
appraisal, business appraisal consulting, and litigation support
services for closely held businesses in virtually all industry segments.

ent's injuries/pain/loss/life is worth less
simply because they are a minority. Does
anyone feel that way?"
"Who agrees that there are some people
of each race that you like and some you

Doug Gaskins, CBA, ASA, ABAR, CVA, BCA
Office: 229-388-0782 * Cell: 229-520-8417 * doug@bval.net

don't? Will you agree to judge my clients
based on who they are as individuals and
not stereotypes?"

22 Georgia
873726_Business.indd
1

Trial Lawyers Association

6/21/17 5:52 AM
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Table of Contents for the Digital Edition of Verdict - Spring 2018
