Insurance Defense Trial Themes
Instead a car wreck is an every day tragedy involving real people with real damages.
Insurance defense trial themes. Y our case theme can have a major impact on the jury. The virtues of a minimalist defense. Common themes for a successful trial. For example in a rape case one side might frame the case as the story of a controlling man who refused to take no for an answer and forcibly raped a young woman while the other side says the case is about.
For once flash is right said dick mudger who does insurance defense work. And the best way to organize an opening statement is to follow the elements of your cause of action or defense. A car crash is not a sterile legal event. When you develop a powerful case theme you give the jurors a lens through which they will view the evidence in your case.
Building a theory of defense genres headlines theories and themes north carolina defender trial school july 9 13 2007. Themes that strike a chord. Y our case theme can have a major impact on the jury. An insurance defense attorney can successfully negotiate more favorable settlement terms which ultimately keeps the insurance company s client happy and protected from excessive financial loss.
In that instance defense counsel is stuck with whomever the plaintiff wishes to sue unless they choose to decline to represent a particular defendant. 6 leach op cit. Defense counsel who has been retained by an insurance company through which defense counsel normally receives clients to represent a defendant is not. Warshauer a story without a theme is not much of a story it is just talk.
Journal of applied social psychology 25 991 1026. Tort trial insurance committee news. For example in a rape case one side might frame the case as the story of a controlling man who refused to take no for an answer and forcibly raped a young woman while the other side says the case is about. Assimilation to anchors for damage awards in a mock civil trial.
A trial without a theme is a trial without a purpose and without a hope by. Trial themes are not necessarily stated aloud but are the foundation for everything that the jurors will hear in testimony as well as in opening and closing statements.
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