Day in the Life videos are videos that are commonly used in litigation to help show juries the true nature and degree of suffering that has been incurred by an injury victim. The video itself often shows a typical day of the victim, hence the name “A Day in the Life” video.
A Day in the Life video may include video of the injured person going about their daily activities, which may include physical therapy. It may also show the impact of the injured person on their ability to work (if they can work), and their ability to engage in normal activities. It can also be used show how an injured person can no longer engage in activities that they once often did, such as recreational activities. In many cases, a severe injury will often prevent a person from engaging in simple activities, such as playing catch with a son or daughter.
Not only does the video depict the life of the injury victim, in many cases the injury victim’s family will also be shown. With severe injuries, such as paralysis, family members are not only affected by the suffering of their loved one, they often serve as primary caregivers. Depending upon the severity of the injury, the lives of family members may also be significantly impacted. In cases where round-the-clock care is needed, a family member may even give up his or her job in order to take care of the injured victim.
The common perception of A Day in the Life video is that they are only used at trial. This is not true.
In cases of a severe injury, A Day in the Life video may be prepared early in the litigation process, and sometimes even before a lawsuit has been initiated.
For example, assume that a person has been significantly and permanently injured as the result of a semi-truck hitting their car. Most likely the semi the semi-truck driver, and the trucking company employing the semi-truck driver, will have insurance that will control the defense and litigation of the lawsuit.
The insurance company and the attorneys representing the insurance company usually will not meet or see the injury victim until much later in the litigation process. Instead, all they may likely see are pictures of the crash, medical reports, and other crash documentation. While they will be able to read about the extent of the injury sustained, it will be hard for them to develop a full appreciation of such injuries simply from such information.
A Day in the Life video, however, can go a long way towards showing defendants, their insurance company, and their legal counsel the true extent of the injuries. These people will know that if the case goes to trial, a jury most likely will be seeing this same Day in the Life video.
If the Day in the Life video is compelling, and if defendants are likely to believe that a jury will find them liable, the Day in the Life video can help further settlement for fair compensation for the injury victim. As a result, in the case of a severe injury, A Day in the Life video should be considered early in the litigation or in the pre-litigation process.
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