Sudden Rear Impact, Slow Decline – Unpacking Mild-TBI for the Jury, Part 2

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Episode Summary

In part 2 of this 2-part episode series of Trial & Medical Error, med mal litigators Brendan Lupetin and Greg Unatin outline their approach in trial during their recent concussion case victory. You’ll learn tips on how to best present the case to the jury and hear how they won a $900,000 verdict for pain and suffering in a case which only received a $75,000 settlement offer.  

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  • How to prepare for direct examinations of medical experts. 
  • Pros and cons of pre-recorded video depositions of experts versus live depositions.
  • How luck factors in at trial.
  • How to form your opening statement and connect with the jury.
  • How to choose lay witnesses for trial.
  • Importance of showing the before and after effects of the plaintiff’s injury. 
  • “Sponsorship Theory” of evidence applied to selecting witnesses.
  • How to form closing arguments to win.
  • Brendan’s Trial Tip of the Day: Using “anchor” numbers to persuade a jury to award an appropriate amount.

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