Brain Injury Lawyer - The Trial

PURPOSE OF OPENING STATEMENT

For purposes of this chapter, assume that the plaintiff has suffered a traumatic brain injury (from a car, pedestrian or even a train accident) This is the traumatic brain injury attorney's first chance to inform the jury and the court about your case. It is your attorney's first chance to tell the jury why they should find in the your favor. In general, it is said that the opening statement that it:
     a. Informs the jury of the general nature of your case;
     b. Advises the jury of facts you are relying on to give you the right to recover.
     c. Informs the jury of the issues to be tried and the facts to be proved.

IMPERMISSIBLE TACTICS IN OPENING STATEMENTS

The following things may not be done by a California personal injury lawyer in his opening statement in a personal injury case involving a traumatic brain injury.

The California personal injury lawyer may not:

1. Appeal to the jury for sympathy

2. Call jurors by name

3. Refer to inadmissible evidence, such as:
     a. The existence of an insurance policy covering Defendant.
     b. Settlement negotiations

4. Other matters excluded by extrinsic policies

5. Refer to the parties' financial status

6. Appeal to jurors self interest as tax-payers

7. Make derogatory remarks about the other party, the other attorney, or witnesses

8. Misstate the law

9. Argue the case

10. Refer to matters the attorney knows will not be admitted as evidence