Episode 9
November 23, 2023
Keep It Simple: Strategies for Winning Your Next Slip and Fall Case
Episode Summary
A good trial lawyer, like a good storyteller, knows how to use narratives to connect with their audience. Often, the simplest stories are the most powerful. The challenge can be cutting out the extraneous details and focusing on what is strongest in a case.
In this episode of Trial & Medical Error, med mal litigators Brendan Lupetin and Maggie Cooney share their insights and successes in a recent slip and fall trial. They discuss effective discovery strategies, how to craft authentic testimony, establishing credibility for both the client and the legal team, and ways of simplifying the case for the jury to present a clear and compelling story.
Episode Preview
- Fighting incident report redactions to uncover a “big reveal”
- How notes can help to keep an opening statement focused and precise
- Preparing a witness without making their testimony too scripted or rehearsed
- Juries connect with emotionally resonant stories
- A gentle touch on cross exam can be more beneficial than an aggressive approach
- The importance of a credible plaintiff who’s willing to work
- Make your case short and sweet to eliminate opportunities for mistakes
- Big picture strategies for premises liability cases
- Dealing with “frivolous defenses”
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