Brain Injury Lawyer - The Trial

ORGANIZATION OF OPENING STATEMENT

Time limitations are placed upon opening statements. In framing an opening statement A Plaintiff's California / Placerville product liability lawyer / personal injury attorney must make every word and idea count. Depending on the type of case, a limitless number of potential matters must be dealt with. All attorneys will deal with some of these, no attorney will deal with all. The personal injury attorney may:

1. Introduce himself and opposing counsel to the jury.

2. The personal injury lawyer may also explain the function of opening stages in trial.

3. Advise as to the type of case:
     a. A simple case, or
     b. A complex, or
     c. An important case.

4. Explain away negative attitudes of prospective jurors toward trials.

5. Explain why personal injury lawyers are not allowed to speak to the jurors outside the court during the trial process.

6. Explain juror's role in trial process.

7. It’s the personal injury attorney’s responsibility to organize an opening statement according to one of four basic approaches:
     a. By witness
     b. Chronological narrative
     c. Element by element of the cause of action or affirmative defense the lawyer is seeking to prove or disprove
     d. Issue by issue

8. Explain why two or more Defendants are being sued where both contributed to the accident.

9. The brain injury lawyer will explain Plaintiff's injuries

10. Explain certain evidentiary principals, such as, if the jury finds a witness untruthful on one statement they may take this into consideration when considering other statements of the witness.

11. Explain the burden of proof in this type of case; normally a "preponderance of the evidence.

12. Explain evidentiary presumptions

13. Explain different types of evidence that will be used.

14. Explain the use of depositions to present testimony
     a. Some testimony will be by deposition rather than personal appearance.
     b. Why depositions are necessary.

15. Explain examination of adverse witnesses
     a. Witness' alliance with opponent.
     b. Why favorable testimony from such a witness is especially favorable.

16. Explain that weight of evidence is not determined by number of witnesses one side calls.

17. Explain and deal with unfavorable aspects of his case, "up front." (This is called "workshoping the case.") The attorney discloses and discusses problems with his case rather than having the other side bring it up first.
     a. Problems with credibility of witness.
     b. Witness with prior felony conviction