This is a continuation of a series. View part one here.
In my previous blog we discussed creating goggles that simulate vision loss. You might be wondering whether the defense lawyers might ask the court to exclude this evidence. I’ve been asked several times about this. Were the goggles unfairly prejudicial or inflammatory? They certainly are very persuasive. We want the jury to literally see through the client’s eyes and these goggles do just that.
In most cases, the defense never files a motion to exclude this evidence. They knew that it is proper to present evidence that clearly brings home to the jury what the plaintiff’s harms and losses are, even if it may tend to arouse the jurors’ passions. Prejudicial? Sure and in a very helpful way to the client. And that’s what we hope for. Unfairly prejudicial? No. This is not like the cases where the court excludes ghoulish color photos of severed or crushed body parts. That may well be unfair prejudice. Goggles are an appropriate and extremely effective way to prove damages.
I bring several sets of goggles to settlement conferences for eye injury claims. I watch as the judge, the defense attorney, and the insurance claims adjuster try them on. They struggle to hide their reaction, but I see the effect. I see their disoriented reaction and their immediate recognition of what will happen if jurors try these goggles on in the courtroom.
I craft one set of goggles for each juror. Imagine the jurors putting them on and trying to maneuver through the courtroom. The goggles create a jarring effect on the wearer. The first reaction is dizziness. Once the wearer regains composure, she is confronted with the difficult tasks of moving through open doors, down steps, up ramps, etc. Simple activities of daily life become much more difficult when one loses depth perception and full field of vision. Try closing one eye. Notice how your depth perception immediately disappears. Your field of vision also shrinks. This is monocular vision. You can live a very good life with monocular vision, but no one would deny that it is an enormous quality of life issue.
Click here for another technique to use in vision injury cases.
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