In the book, Experiencing Other Minds in the Courtroom, Neal Feigenson describes how the value of visual evidence is significantly impacted by who creates it, how it is made, and how it is presented. His ground-breaking research is of critical importance for personal injury lawyers today because the use of video is expanding exponentially in court cases.
Feel the Pain – See the Truth
Personal injury lawyers regularly face the challenge of helping a jury ‘feel the pain’ of their clients. This is not a new problem. Through the centuries, poets and writers spun fascinating tales to help their readers get a physical sense of someone else’s suffering.
In droves, lawyers are introducing photographic images as demonstrative evidence to help juries ‘see the truth.’ This effort began with hand-drawn pictures and now, with video technology, evolved to include augmented reality. With compelling video documentaries, lawyers introduce ‘day in the life’ videos as admissible evidence to help jurors or insurance companies – ‘feel their client’s pain.’
Feigenson cited a case handled by Attorney Michael Jainchill of the law firm RisCassi and Davis. The matter involved a young mother who suffered severe vision loss.
Jainchill was concerned for his plaintiff’s case because:
“Even though both sides concurred the plaintiff’s vision loss was ‘permanent’ and ‘profound,’ qualifying her as legally blind,” Jainchill said …
“And yet, by looking at her you couldn’t tell that she couldn’t see. She functions well enough to find her way around.”
Jainchill had an idea and reached out to Geomatrix Productions to simulate how his client’s world appears ‘through her eyes.’ Geomatrix used cutting-edge technology to create augmented reality video that let the stakeholders in the case have a realistic peek through his client’s eyes. Everyone who viewed the video had a vicarious authentic experience of the plaintiff’s real damages and the severe visual limitations she struggled with every day.
Revolutionizing the Court Room
A properly produced video can significantly improve an attorney’s success rate while increasing the size of a client’s settlement. Should you worry that you will encounter a rival lawyer using this new technology against you? The chances are good that you will see this powerful demonstrative tool shortly.
Per Nancy S Marker, Professor and Director of the Justice John Paul Steven Jury Center, in her review of Feigenson’s book:
“… trial lawyers need to understand the revolutionary technologies that will become widespread in twenty-first-century jury trials… video simulations enhance testimony so jurors experience the injuries that plaintiffs feel.”
To find out more about this technology, contact Geomatrix Productions. That would be an easy first step to see how video simulation will assist you and your clients, and let future jurors, not only to ‘see the truth’, but ‘feel your clients’ pain.’