DAY-IN-THE-LIFE DOCUMENTARY

The purpose of a “day-in-the-life” is to portray the consequential damages a plaintiff has sustains because of an incident. There is no reason to record all normal activities of the plaintiff in such a documentary. The jury must see and understand just how a plaintiff’s life has been changed.

Attorneys who wish to use this form of video evidence to present damages should be mindful that calling it a “day-in-the-life” of the plaintiff might subject the evidence to attack. It is better not to give it a specific title at all when you’re trying to get it admitted as evidence. Simply call it a video recording of the plaintiff and add the date it was recorded. For the purpose of our discussion in this article, however, we will use the common term, “day-in-the-life”.

It is critical at this stage in the development of video evidence to understand that a day-in-the-life documentary is not inherently inflammatory, nor is it made for the purpose of arousing the sympathy of the jury. This is a frequent point of criticism and, if true for a specific tape, is a well-founded ground for exclusion. If counsel’s sole purpose in making such a documentary is to focus on the pain and suffering of the plaintiff, that evidence would probably be held inadmissible.

That is not to say, however, that any grimaces or other evidence of pain that naturally arise from an activity in which plaintiff is engaged should be eliminated. The point is to honestly and accurately portray how the plaintiff’s routine and normal living have been altered as a result of his or her handicap. Never focus or dwell on the pain.

One of the central issues in a personal injury case is the damage the plaintiff has sustained. That is very difficult to measure. The purpose of the day-in-the-life documentary is to help the jury measure the loss. It is not possible, nor practical, for the jury to spend time in the plaintiff’s environment, observing how routine obstacles become insurmountable barriers to a handicapped individual. A video documentary depicting the plaintiff in his/her environment fills that void.

Individuals who have learned to live with devastating handicaps, when asked “to tell their story,” tend to greatly minimize their predicament. As a result, they are often “bad witness” on their own behalf. A day-in-the-life documentary that fairly, honestly, objectively and accurately portrays plaintiff’s altered lifestyle, lets the injury and it’s effect speak for itself.

Because television has the ability to totally captivate the attention of it’s viewers, it becomes an effective method of presentation during trial. The observer becomes engrossed in the presentation and is not distracted by courtroom activities.

Making a day-in-the-life video of an injured plaintiff is especially beneficial to help plaintiff’s attorney understand the loss. It puts him or her into the plaintiff’s own environment where the video was made. Only there can counsel begin to understand the enormity of the injury. Suffering is a very subjective test, difficult for a normal person to comprehend. That puts an even greater burden upon the attorney who must persuade the jury to render a verdict in favor of the injured person.

Having seen a day-in-the-life documentary before trial, defense counsel will appreciate the extent of the damages. This kind of video evidence tends to have a negative psychological impact upon one’s adversary. Judges have held that video documentaries depicting plaintiff’s consequential damages are “the best form of evidence the jury has to evaluate damages.” If jurors understand the injury and it’s impact, they can intelligently place a value on the case.

TYPES OF INJURIES SUITABLE FOR “DAY-IN-THE-LIFE”

          1. Profound Brain Damage
          2. Current Disability
          3. Consortium, Services and Emotional Distress
          4. Esoteric Damages

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