As a plaintiff attorney, success in a civil case can mean the difference between a loss or a million dollar win for your client. Continuing to familiarize yourself with the latest legal tactics and litigation strategy best practices is an effective way to ensure that you are able to achieve the best possible outcome in your cases.
While PowerPoint presentations and Excel graphs are still reliable, there are newer strategies that your argument could be missing. If you’re looking for a way to get a faster settlement and a higher offer for your client, then read on.
In this article, we explore three litigation strategies that plaintiff attorneys can apply to their cases in 2023 and beyond:
- Preparing Your Visual Narrative
- Equipping Medical Experts with Medical Animation
- Leveraging Demonstrative Evidence in Opening and Closing Arguments
#1: Before Litigation Begins, Prepare Your Visual Narrative
The first step in achieving success for your case is preparation. When it comes to presenting a visual narrative, the preparation stage is especially important. If you come to mediation discussions with a well-prepared visual narrative alongside a strong argument, the opposing counsel may reconsider their position and reassess their own level of readiness.
If the case continues on to trial, you can leverage a pre-trial focus group to see how an audience would react to your visuals and narrative. While you may have an idea of how a potential jury will respond to your presentation, a focus group can provide the specific feedback you need to perfect your legal graphics or medical animation.
Common areas that a focus group can address include:
- The initial impression of your visual aids.
- The persuasiveness of your opening and closing arguments.
- Any missing information that could be added to support your narrative.
Check out the legal animation that helped one attorney receive a $10,9000,000 verdict!
One attorney who implemented a modern visual strategy during a motor vehicle collision case saw a return on investment of 2,000%. Accident recreation animations were used to demonstrate the specific details of what occurred when a commercial truck driver crashed into the plaintiff’s vehicle.
Because of this evidence, the plaintiff counsel was able to show how the defense neglecting to act according to the law was the cause of the incident. This resulted in the initial settlement offer being increased by $550,000 for a total of $1,000,000.
Visual narratives are an invaluable tool to have on your side, even before litigation begins.
#2: Arm Your Expert with a Medical Animation
A study by the University of Chicago found that 41% of Americans believe they have experienced medical errors personally, in someone else’s care, or both. For cases that involve personal injury or medical malpractice, a medical animation can be the perfect way to present your narrative in an accessible way.
By using a medical animation, or other form of visual, alongside an expert witness’ testimony, you can help your expert explain complex medical concepts in a way that is clear and concise for your audience. A physician may be able to verbally communicate the details of a procedure, but most jurors will be unfamiliar with the medical jargon used.
When combined with a step-by-step visual of the procedure, the medical expert’s testimony will leave more of a lasting impression on the audience as they will be able to more fully understand what took place.
“The [medical] animation was key in obtaining a $2.2 million verdict. When the jury saw it they nodded their heads up and down and for the first time they really understood what had happened to my client.”
Steve Vartazarian, The Vartazarian Law Firm
One medical malpractice case demonstrated the impact that providing a medical animation as a mediation tactic can produce. In this case, the medical animation was used to contextualize for the jury just how limited the surgeon’s perspective was and exactly what occurred during the patient’s procedure.
Because the animation gave the audience a complete understanding of what the patient endured during the surgery, they were able to empathize in a way that wouldn’t have been possible if they hadn’t fully comprehended the medical details.
The medical legal graphics conveyed the intricate details of the case in a comprehensible way, resulting in an $8,000,000 settlement.
#3: Leverage Demonstrative Evidence in Your Opening and Closing Arguments
When it comes to trial, the way you present your argument can be just as important as the argument itself. One effective way to increase the impact of your narrative is to leverage demonstrative evidence, such as animations or graphics. One study concluded that jurors forget 40% of what they hear 20 minutes after they hear it and 60% by the end of the day, but remember the images that they are shown.
Legal animations can help to illustrate key points regarding your case that may be difficult for a jury to understand through a verbal explanation alone. An example of this trial tactic in action is a product liability case that resulted in a $44,000,000 verdict for the plaintiff.
The attorney in this case employed the use of a legal animation to communicate the thousands of components inside the machinery, where the malfunction had occurred, and how massive of an undertaking a repair would be on a hydraulic press of this size. As a result, the jury awarded the plaintiff counsel a favorable verdict for their client.
Interested in how legal animations can help you win your next case? Explore our pricing guide today!
By leveraging demonstrative evidence as part of your litigation strategy you can make a greater lasting impression on your audience and deliver a more convincing case for your client.
Increase Your Chance of a Multi-Million Dollar Offer with a new Litigation Strategy
Preparing a visual narrative, equipping your expert with medical animations, and leveraging demonstrative evidence in your opening and closing arguments as part of your litigation strategy increases your likelihood of receiving a favorable outcome in your cases.
Success in any civil case is about presenting a compelling argument and telling your client’s story in the most effective way possible. By taking advantage of these three litigation strategies, you have another tactic to get you the best outcome.
Whether in mediation or trial, these strategies can help you communicate your client’s story in a compelling and effective manner. With these strategies in your arsenal, you’ll be equipped to turn your zero-offer cases into millions!
Curious to learn more about how forensic animations can increase the success of your cases with a new litigation strategy? Download our eBook below!
Whether you are in the midst of a case or preparing for the future, this resource will provide valuable information to help you increase your success in the courtroom.
