Defense Tactics At Trial Of Personal Injury Cases
Tuesday, February 21st, 2012As a georgia accident lawyer, I see it time and time again. The defense admits liability before trial so the evidence the jury hears is limited to damages. This tactic is implemented more often than clients think and it works. It helps in two key ways. The first being just a practical one which is that the jury views the defendant better because he is perceived as being reasonable. The second being that it can limit very damaging evidence from coming in at the trial that while not directly on the issue of damages, would have turned the jury off to the defendant’s point of view on the case.
Believe it or not, I have heard of many personal injury cases that are tried just on damages return defense verdicts. Often times it is for legitimate reasons because the plaintiff had pre-existing injuries that clouded the causation picture or otherwise had a hard time proving the injuries were caused by the defendant. That being said, it does make you wonder how many of these defense verdicts may not have been so had the defense not made the choice to admit liability and defend the case solely on damages.